MUNSHI RAM Vs. BANWARI LAL

JUDGEMENT

(1.) THE following Judgment of the courtwas delivered by:

(2.) THIS appeal by special leavehas been filed by one Munshi Ram, a Judgment-debtor, against whom a decree based on acompromise, following an award by an arbitrator,is sought to be executed. The respondents are thedecree-holders. The appeal is directed against, acommon judgment and decrees of the Punjab HighCourt dated 26/11/1952, in two appealsunder the Letters Patent (Nos. 5 and 11 of 1952)by which the orders of a learned single Judge ofthe High court in Execution First Appeals Nos. 56and 121 of 1951 were confirmed. The presentappeal is, however, confined to the decision inL.P.A.No 11 of 1952. To understand what theseorders were, and also the point involved in thisappeal, a somewhat long narration of facts isnecessary.

(3.) NO action appears to have been taken for sometime. But on 4/04/1947, Rs.15,000.00 were paidto Banwarilal. On the request of Faqir Chand madeon December 17, 1947, the arbitrator filed anapplication under s.14(2) of the Arbitration Act,on 6/01/1948. With this application, heproduced a signed copy of the award. It may bepointed out that the original award has not beenproduced, and is said to be lost. On 19/02/1948, the stamp Auditor reported that according tothe endorsement on the copy of the award, theoriginal was written on a stamp paper of the valueof Rs.50.00, and that there was a deficiency ofRs.662- 8-0. He recommended that the award beimpounded. The Senior Sub Judge, Ferozepore,ordered that the report would be considered, whenthe document would be produced.