Santa Singh v Avtar Singh (Civil Suit No. 1178 of 1952) [1954] EACA 61 (1 January 1954)

## ORIGINAL CIVIL

Before Rudd, J.

#### SANTA SINGH, Plaintiff

# ν. AVTAR SINGH, Defendant

# Civil Suit No. 1178 of 1952

## Civil Procedure and Practice—Civil Procedure (Revised) Rules, 1948—Suit stood over generally on agreement to arbitrate—Motion for reference to be implemented by order of Court—Order 50, rule 1—Whether competent.

A suit was taken out of the hearing list and stood over generally, by agreement of parties, to arbitrate. A reference was prepared and signed. The plaintiff applied, by motion, for an order of the Court that the reference be implemented. The defendant objected to the competency.

Held (13-7-54).—Order 50, rule 1 applied. The parties had agreed to refer the matter to arbitration and the proper course to obtain an order for the Court to implement the reference was to apply by motion.

Handa for applicant.

D. N. Khanna for respondent.

ORDER.—This suit was taken out of the hearing list and stood over generally on 23rd June, 1954. The parties agreed to refer their difference to arbitration and a reference was prepared and signed. Mr. Handa for the plaintiff brought a motion for the reference to be implemented by an order of the Court. Mr. Khanna objects that a motion for such purpose is unnecessary and incompetent. He agrees the matter has to be dealt with in open Court. In my opinion Order 50, rule 1, applies and the motion is not improper. It may be that when an agreement to refer a matter to arbitration is made during the hearing or brought to the notice of the Court when the suit was at hearing or down for hearing, the Court may dispense with a formal motion; but when a case is standing over generally and the parties agree to refer the matter to arbitration, I see no objection to the matter being brought up on motion; indeed I think that is the correct course.