MATHULLA MATHULLA Vs. THOMAS GEORGE

JUDGEMENT

(1.) THIS appeal is from the decree passed by the Additional District Judge, mavelikara, in Arbitration Petition No. 1 of 1956 of that court. The second counter petitioner in the court below is the appellant.

(2.) THERE were disputes between the appellant and the first respondent, who was the petitioner in the court below, regarding settlement of accounts of two chitties conducted by the appellant and the deceased father of the 1st respondent. The case of the first respondent was that the dispute was referred for decision to the second respondent, the first counterpetitioner in the court below, and that the latter gave an Award (Ex. P-2) on 16-6-1956. The first respondent, made an application under section 14 of the Indian Arbitration Act and prayed for a decree in terms of the Award. The appellant objected mainly on two grounds, namely, that there was no submission to the second respondent and that the award was vitiated by the arbitrators' misconduct. These objections were overruled and a decree was passed in terms of the award. The decree allowed the first respondent to recover a sum ot Rs. 18,584. 80 from the appellant.

(3.) THE two points which arise are : (1) Was there a submission for arbitration, and (2) Whether the award is liable to be set aside?