SATISH KUMAR Vs. SURINDER KUMAR

JUDGEMENT

(1.) THE following Judgments of the courtwere delivered by (On behalf of himself andBachawat, J.):-

(2.) THIS appeal by specialleave is directed against the judgmentdated. 27/04/1965, of the High courtof Punjab at Chandigarh (S. B. Capoor,J.) dismissing Civil Revision No. 841 of1964. The Civil Revision arose out of thefollowing facts.

(3.) ON the death of Sohan Lal, BehariLal was appointed as arbitrator by Harbans Lal, Surinder Kumar (then a minorthrough his mother Smt. Lachmi Devi)and Smt. Gujri, widow of Sohan Lal, forpartition of the joint property. BehariLal, by his award dated 21/10/1956,divided the property into two equalshares, between Harbans Lal and Surinder Kumar. Harbans Lal and SurinderKumar signed the award. Harbans Laldied on 20/05/1960, upon whichSurinder Kumar filed a suit for partitionof the properties, the subject-matter ofthe award. - This suit was dismissed aswithdrawn on 13/03/1962. ONMarch 11, 1962, BBehari Lal, arbitrator,filed an application under Section 14 ofthe Indian Arbitration Act 1940 (X of1940) hereinafter referred to as theAct for filing the award in court andfor making the same a rule of the court.Surinder Kumar entered appearance andfiled objections under Section 30 of theAct. ONe of the objections was that theaward dated 21/10/1956, was notadmissible in evidence for want of proper stamp and registration and could not,therefore, be made a rule of the court.ON 31/01/1963, the objections weredismissed by Miss Harmohinder Kaur,Subordinate Judge, First Class, Ludhiana,as time-barred, but she did not make theaward a rule of the court as there wasft further objection to the effect that theaward not having been executed on aproperly stamped paper and not havingbeen registered, was not admissible inevidence. This objection was dealt withby Shri 0m Parkash Saini, SubordinateJudge, First Class, Ludhiana, who, by hisorder dated 5/06/1963, held that theaward in question was not admissible inevidence as it was executed on deficientlystamped paper and was not registered.He accordingly dismissed the application.