The Arbitration Act 1940, 10 of 1940, (Rep., Act 26 of 1996) · VII — .

Section 40. Small Cause Court not to have jurisdiction over arbitrations save arbit~ations in suits before it. 4

Repealed or not in force · As amended up to 2026-08

CHAPTER VII. 40. Small Cause Court not to have jurisdiction over arbitrations save arbit~ations in suits before it. 41. Procedure and powers oL Court. 42. Service of notice by party or arbitrator. 43. Power 01 Court to issue proceases for appearance before arbitrator. before CHAPTER VI. Appealable 89. (1) An appeal shall lie from the foJlowing orders Orders. passed under this Act (and from no others) to tho Court authorised by law to hear appeals from original decrees of the Court passing the order :- An order- (i) superseding an arbitration ; (ii) on an award stated in the form of a special case ; `(iii)` modifying or correcting an award ; (iv) fling or refusing to iile an arbitration apeement ; (v) staying or refusing to stay legal proceedings where there is an arbitration agreement ; (vi) setting aside or refusing to set aside an award : ' Provided ' 18' ==> picture [6 x 6] intentionally omitted <== ==> picture [7 x 16] intentionally omitted <== j 8 I . \ ! t \ . i ,' I g . `g` p. . . g. E. `p.5` :*r -. Vof 1898. . Arbitration Provided that the provisions of this section shall not apply to any order passed by a Small Callse Court. (2) No second appeal shall lie from an order pas~ed in appeal under this section, but nothing in this section shall affect or take away any right to appeal to His Majesty in Council. CHAPTER `VII.` 40. A Small Cause Court shall have no jurisdiction over smau cause Court not to to any arbitration proceedings or over any application arising have jurisdio- jurisdiotkon over thereout save on application made under section 21. arbitratlorn Court not to to have jurisdio- jurisdiotkon over arbitratlorn save arbltratiom in sulta before it. it. before it. it. 41, Subject to the provisions of this Act and of rules made Prooedure land thereunder- EW&? Of - (a) the provisions of the Code of Civil Procedure, 1908, shall apply to all proceedings before the Court, and to all appeals, under this Act, and - (b) the Court shall have, for the purpose of, and in relation to, arbitration proceedings, the same power of making orders in respect of any of the matters set out in the Second Schedule as it has for the 'purpose of, and in relation to, any proceedings before the Court : Provided that nothing in clause (b) shall be taken to prejudice any power which may be vested in an arbitrator or umpire for making orders with respect to any of such matters.

Source: India Code