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Koomud Chunder Dass Vs. Chunder Kant Mookerjee - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1880)ILR5Cal498
AppellantKoomud Chunder Dass
RespondentChunder Kant Mookerjee
Excerpt:
pleading - agreement to refer to arbitration--refusal to refer--plea in bar--specific relief act (i of 1877), section 21. - wilson, j.1. i will not trouble you, mr. branson. i think mr. phillips is right in saying that this is a contract to refer to arbitration, and that he is right in saying that the present suit is brought in respect of the subject-matter which the parties had agreed to refer to arbitration. but i think that before section 21 of the specific relief act can be relied upon, it must be shown that the plaintiff had refused to refer to arbitration. i do not think that the filing of the plaint is such a refusal. i, therefore, hold that nothing has been shown under the section to bar the present suit.
Judgment:

Wilson, J.

1. I will not trouble you, Mr. Branson. I think Mr. Phillips is right in saying that this is a contract to refer to arbitration, and that he is right in saying that the present suit is brought in respect of the subject-matter which the parties had agreed to refer to arbitration. But I think that before Section 21 of the Specific Relief Act can be relied upon, it must be shown that the plaintiff had refused to refer to arbitration. I do not think that the filing of the plaint is such a refusal. I, therefore, hold that nothing has been shown under the section to bar the present suit.


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