TMI Blog2014 (6) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... ues 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. - CR No.4567 of 2004 (O & M) - - - Dated:- 2-8-2013 - PARAMJEET SINGH, J. JUDGMENT Instant revision petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 11.08.2004 (Annexure P-10) passed by learned District Judge, Sangrur whereby order da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the witness. No other witness is present. Adjournment is prayed. To come up on 13.9.04 for evidence of the applicant. It shall be last opportunity to the applicants. Dt.11.8.04 -sd/- Jagroop Singh District Judge I have heard learned counsel for the parties and perused the record. Learned counsel for the petitioner has vehemently contended that in this case, issues were framed vide order dated 24.03.2004 (Annexure P-8) and the case was fixed for evidence of the petitioner- objector. Vide impugned order dated 11.08.2004 (Annexure P-10), the order dated 24.03.2004 has been withdrawn which is clearly illegal, arbitrary, without jurisdiction and is not sustainable in the eyes of law. The learned counsel has further contended that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder XIV Rule 1 of the Code as in the regular suit, are not required to be mandatorily framed by the Court. However, it is open to the Court to frame questions which may arise for adjudication. (ii) The Court while dealing with the objections under Section 34 of the Act is not bound to grant opportunities to the parties to lead evidence as in the regular civil suit. The jurisdiction of the Court being more akin to the appellate jurisdiction; (iii)The proceedings before the Court under Section 34 of the Act are summary in nature. Even if some questions of fact or mixed questions of law and/or facts are to be decided, the court while permitting the parties to furnish affidavits in evidence, can summon the witness for cross-examination, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 5(2) of the Code]. But in an application under section 34, even if there is no contest, the court cannot on the basis of the averments contained in the application, set aside the award. Whether there is contest or not, the applicant has to prove one of the grounds set out in section 34(2)(a) and (b). Even if the applicant does not rely upon the grounds under clause (b), the Court, on its own initiative, may examine the award to find out whether it is liable to be set aside on either of the two grounds mentioned in section 34(2)(b). It is perhaps in this sense, the High Court has stated that the proceedings may not be adversarial. Be that as it may. 14. Having regard to the object of the Act, that is providing an expeditious alternative ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion 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. So far as the judgment rendered in Amrik Singh and another vs. Vardhan Properties and Investment Ltd. 2006 (4) R.C.R. (Civil) 521 cited by learned counsel for the petitioner is concerned, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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