BRIJ GOPAL MATHUR Vs. KISHAN GOPAL MATHUR

JUDGEMENT

(1.) THIS is an appeal by special leave from a judgment of the Allahabad High Court arising out of certain arbitration proceedings.

(2.) THE following pedigree table will be of assistance in understanding the dispute between the parties :- <IMG>JUDGEMENT_635_1_1973Image1.jpg</IMG>

(3.) THE High Court held, inter alia, that Art. 181 of the Limitation Act was not applicable to an application under S. 14 (2) of the Act and that no period of limitation had been prescribed for filing of the award in court by the arbitrators. Further the filing of the award after the dismissal of the application of Brij Gopal appellant No. 1 filed under S. 17 of the Act was not barred. But the High Court was of the view that no appeal lay under S. 39 (1) (vi) of the Act against the order made by the trial judge dated May 11, 1962. In that situation the learned counsel for the appellants prayed that the appeal be treated as a revision. THE High Court acceded to that request. It, however, disposed of the matter as follows :-