KANNAN NAIR Vs. KELU NAIR

JUDGEMENT

(1.) THIS Civil Revision Petition arises from an order dated 6th March, 1962 , revoking a reference to arbitration made by Court. By the time the order was passed, the arbitrator had filed the award which was also set aside by the order.

(2.) THE suit was one for partition of tarwad properties. On 14-9-60 the second defendant filed into court a muchalika executed by the parties to the suit and prayed that the matters in dispute in the suit be referred to arbitration. THE application was not opposed and the court referred the matter to the arbitrator on 21-9-1960 , directing him to file the award within three months. THE time was extended more than once. Before the award was filed into court the plaintiff applied on 12-2-1961 to revoke the reference mainly on two grounds, namely, (1) that while the muchalika executed on 26-2-1960 had fixed a period of only three months for giving the award the application for reference and the order of reference were made beyond the time fixed by the parties and (2) that the reference was made without the consent of all the parties. THE second respondent (second defendant) opposed the application for cancellation of the reference. In the meanwhile the arbitrator filed the award on 30-5-61. In view of the order setting aside the order of reference, the award was also set aside. THE second defendant has preferred this Civil Revision Petition against the order dated 6-3-1962.

(3.) ANOTHER point urged was that there was no application to set aside the award. The application for revoking the reference was made on 20-2-1961. The award was filed later i. e. on 30-5-1961. It is true that the proceedings before the arbitrator were not sought to be stayed pending the application for revoking the reference but if the reference is void, the award also would be void.