KRISHANA KUMARI Vs. SHANTI DEVI

JUDGEMENT

(1.) THIS appeal is directed againstthe order of the Commercial Subordinate Judge, Delhi, dated 19/10/1959. Krishna Kumari appellant purchased a plot of land No. 27-B/IIWestern Extension Area, Karol Bagh, Delhi. Certain disputes arose between the parties concerning the land and the matter was referred to thesole arbitration of one Ram Narain, father-in-law of Brij Rani, respondent No. 8. The arbitrator made an award on 6/02/1957. On 14/06/1957, the arbitrator filed the award in Court along with anapplication praying that the same be made a rule of. the Court. TheCourt by order dated 28/08/1957, directed a notice to be issued to-theparties of the filing of the award. No objection having been filed against the award it was made a rule of the Court by order dated 27/05/1958.On 22/11/1958, the appellant made an application for settingaside the ex parte order making the award the rule of the Court and theconsequent ex-parte decree in pursuance thereof. The said applicationwas dismissed by the trial Court by the impugned order.

(2.) THE trial Court came to the conclusion that the appellant wasnot served with the notice issued to her on 28/08/1957, regarding the award having, been filed m Court. THE application was, however, dismissedby the trial Court on the ground that she knew in October, 1957, aboutthe award having been filed in Court and, therefore, she could have filedobjections for setting aside of the award only writing 30 days of the dateof her knowledge. THEre is no finding that the source of her knowledgewas any notice from the Court either in writing or orally under sub-section (2) of section 14 of the Indian Arbitration Act. It came to theconclusion that the application dated 22/11/1958, was hopelesslytime-barred.