RIKHABDASS Vs. BALLABNDAS

JUDGEMENT

(1.) IN this case an arbitration agreement had been filed in court under S. 20 of the ARBITRATION AND CONCILIATION ACT, 1940, and an order of reference made thereon. The arbitrator in due course entered upon the reference and made and filed his award in court on 14/07/1955. The award concerned partisan of certain properties between the wife and children of one Bhairon Bux.

(2.) THE award was however unstamped and unregistered: An objection was taken to a judgment being passed on such an award. On such objection, the trial court passed an order remitting the award to the arbitrator for re-submitting it to the court on a duly stamped paper and after getting it registered.

(3.) NOW S. 16 (1) (c) of the Act is in these terms :