SATISH KUMAR PAHWA Vs. SURAJ PRAKASH PAHWA

JUDGEMENT

(1.) THIS is an appeal against the learned Sub Judge. Delhi, dated 15.9.1984 rejecting the appellant's application under Order IX, Rule 13, read with section 151, CPC. By an agreement between the parties dated 7th July 1978 the disputes were referred to the sole Arbitration of Shri Y P. Nanda. Shri Nanda rendered his award on 2.9.1978 and filed the same in court. The award was made the rule of the court on 15.10.1980, apparently because the appellant did not file any objection. The appellant filed an application under Order 9, Rule 13, read with section 151, Civil Procedure Code alleging that no notice was served by the court on him before the award was made the rule of the court. He also contended that he got the knowledge of the order of the court making the award the rule of the court only on 15.10.1980 and thereafter he immediately moved the said application. The learned Sub-Judge had recorded the evidence as regards the service of the notice and came to the conclusion that the appellant had been duly served. He thereafter rejected the application of the appellant.

(2.) APART from the question of service the appellant has challenged the very jurisdiction of the court passing an order making the award the rule of the court. His submission is based on valuation of the properties involved, in the agreement of arbitration. We may note at this stage the terms of the arbitration agreement because they will show as to what properties were involved in the disputes between the parties on which the Arbitrator rendered his award: