PRAKASH NARAYAN MODA Vs. DURGADUTTA MODA

JUDGEMENT

(1.) These appeals by certificate arise from the decision of the High court of orissa in Misc. Appeals Nos. 103 and 104 of 1962 on its file which were directed against the decision of the learned subordinate Judge of Cuttak in T. S. Nos. 36 and 50 of 1959 both of which were instituted with reference to the arbitration agreement executed by the members of the family of one Ghasi in favour of 9th defendant, on 3/01/1959. The 9th defendant gave his award (Ex. 1) on 28/04/1959, after duly notifying the parties about the making and signing of the. , award. The said award was registered on 29/04/1959. Defendants 1 to 3 and 7 challenged the award. Defendants 6 and 8 supported the award. Defendants 4 and 5 did not file any written statement challenging the award but supported it in appeal.

(2.) The validity of the award was challenged mainly on four grounds, viz. (1) that the arbitrator was partial to the branch of Gopiram, (2) that he failed to decide about the truth and the validity of the adoption of defendant No. 3, Debi Prasad, (3) that he failed to divide the properties amongst all the executants of the arbitration agreement and (4) that the properties allotted to the various branches were arbitrarily valued by him. The Trial court rejected all these contentions and made the award a decree of court. The High court in appeal rejected the contention that the arbitrator was partial to the branch family of Gopiram but accepted the other three contentions. It accordingly set aside the decree of the Trial court and dismissed the suits.

(3.) The arbitration agreement to the extent material for our present purpose reads as follows: