Special Case on Question of Law Arising During
Reference draft used in Indian courts — replace the blanks with your own case details.
Special Case
THIS is a special case stated for the decision of the court dated ________ ] in accordance with section 8 of the Arbitration and Conciliation Act, 2015.
By a contract in writing (annexed hereto and marked M. N. 1) dated the ______ day of _________, made between (hereinafter called the claimant) and (hereinafter called the respondent) the claimant agreed to build for the respondent and the respondent agreed to pay for a house to be built on certain land of the respondent at _________ in accordance with a specification and plans in the said contract referred to at a price of Rs._______ or such other sum as should become payable in accordance with the conditions of the said contract.
One of the conditions of the said contract was that any dispute that might arise between the parties should be referred to arbitration and a dispute did arise and was referred to me as sole arbitrator.
At the hearing before me it was contended on behalf of the claimant that in calculating the amount due under the said contract I ought to have regard to certain correspondence between the parties relating to a contract dated the ________ day of ________ for another house being built by the respondent for the claimant on the adjoining site but having heard the objection of the respondent I declined to admit such correspondence as evidence. A bundle containing the said correspondence is annexed hereto and marked ______.
THE QUESTION for the decision of the court is:
Whether or not in calculating the amount due I ought to have regard to the said correspondence.
AS WITNESS etc.
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.