MADAN LAL DEAD Vs. SUNDER LAL

JUDGEMENT

(1.) This is an appeal on a certificate granted by the Allahabad High Court and arises in the following circumstances. On May 20, 1965, an agreement was entered into between the appellant and the respondents referring certain differences between them to the arbitration of three persons. On January 19, 1956, an award was made, signed by two out of the three arbitrators as the third arbitrator had refused to sign the award. The award was filed in Court on September 7, 1957 and the respondents prayed for a decree in accordance with the award. Notice of filing of the award was issued to the appellant and was served upon him on September 30, 1957. On November 3, 1957, the appellant filed an objection in the nature of a written statement. By this objection the appellant attacked the validity of the award on various grounds. But the objection did not contain any prayer at the end nor did it indicate what relief the appellant desired, though there were as many as 43 paragraphs therein. When the matter came to be heard in the trial Court, the respondents contended that the so-called objection was in the nature of an application to set aside the award and contained grounds coming under S. 30 of the Arbitration Act. No. 10 of 1940, (hereinafter referred to as the Act). Therefore, as the objection was filed more than 30 days after the notice was served on the appellant, it was barred by limitation under Art.158 of the Indian Limitation Act No.9 of 1908.

(2.) The trial Court held that appellant's objection was not maintainable, as his remedy was to apply under S. 33 of the Act, if he wanted the award to be set aside on the grounds raised in the objection. As he had not done so and as the objection was itself filed more than 30 days after the service of notice on him, he was barred from raising any ground for setting aside the award which fell under S. 30 of the Act. The trial Court also held that the objection could not be treated as an application under S. 33 of the Act in view of the fact that it was beyond 30 days as required by Art. 158 of the Limitation Act. The trial Court therefore, passed a decree its terms of the award.

(3.) The appellant then went in appeal to the High Court, and the main question urged there was whether the appellant could maintain his objection when he had failed to make an application under S.33 of the Act for setting aside the award on grounds contained in the objection. It seems that there were other points also before the High Court but the High Court held that if the main question was answered against the appellant it would not be necessary to go into other points. It seems therefore, that other points were not pressed before the High Court. The High Court came to the conclusion that the award could not be set aside on grounds which fell under S. 30 of the Act, except on an application under S. 33 of the Act within thirty days of the service of notice of filing of the award as required by Art. 158 of the Limitation Act. The High Court further held that the objection of the appellant could not be treated as application under S. 33, as, if it was treated as such application it would be barred by time. The High Court, therefore, dismissed the appeal, but granted a certificate to the appellant to appeal to this Court.