MURARI LAL Vs. GOPAL CHAND

JUDGEMENT

(1.) THIS petition is directed against the trial court's order made on the 2nd February, 1967. Gopal Chard the principal respondent to this petition, filed an application dated the 23rd July, 1966 under sections 11, 12 and 30 of the Indian Arbitration Act. (hereafter called the Act and the said application was registered as suit No. 272/1966. It was alleged by respondent No. 1 in the said application that respondent No. 2 had at the instance of respondent No. 1 (the petitioner before me) appointed respondents No. 3 to 5 as arbitrators and the said arbitrators having not made the award within the period prescribed by law and having misconducted the proceedings were liable to be removed. It was prayed that the authority of the arbitrators to act in the matter under reference be revoked, proceedings taken before. them, be declared null and void and they may be removed. Another prayer was that fresh arbitrator or arbitrators may be appointed by the Court to decide the dispute. Along with the said application, respondent No 1 filed an application under order 39 rules 1 and 2 read with Section 151 of the Civil Procedure Code. The typed date on that application 23rd July, 1966" seems to have been changed later on into "25th July, 1966 The trial court passed an order granting that application, but it transpired that the award had been made by the arbitrators allegedly on the 18th July, 1965 on a date prior to the institution of the application out of which this litigation arises.

(2.) SUBSEQUENTLY another application was filed by the respondent No. 1 to this petition. That was filed under section 30 of the Act read with section 151 of the Civil Procedure Code. In that application after narrating certain facts, respondent No. 1 alleged that the arbitrators had made an illegal ante-dated award. The prayer was that the said award be declared void and be set aside. In order to claim that relief, respondent No. 1 stated the grounds in that application on the basis whereof he was seeking it. He also filed an application under older 6 rule 17 of the Civil Procedure Code to amend the application which had been registered as suit No. 272/1966. The trial court dealt with the application for amendment as well as with the two other applications, the second of which filed under section 39 of the Act under the date 16th November, 1966 was registered as suit No. 489/1966.