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2014 (6) TMI 155 - HC - Indian LawsWithdrawal of order framing the issues - proceedings under section 34 of the Arbitration and Conciliation Act, 1996 - Opportunity for leading evidence - respondent contended that, contended that whatever evidence is required to be led, this should have been led before the Arbitrator and it cannot be allowed to be brought before learned District Judge. - Held that:- Section 34 of the Arbitration and Conciliation Act, 1996 are not civil proceeding like in a civil suit, rather the same are summary proceedings. In such proceedings, neither issues are required to be framed, nor it is permissible that such proceedings should follow the provisions of Code of Civil Procedure in respect of leading evidence. The Court can only frame the legal points for determination and may afford opportunity to lead evidence by way of affidavits to both the parties. There is no provision for wholesale or automatic import of all the provisions of the Code of Civil Procedure. - Decided against appellant.
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