TRIBHOVANDAS SOMABHAI PATEL Vs. UMEDBHAI SHIVABHAI PATEL

JUDGEMENT

(1.) RAJU J.

(2.) THIS revision application is directed against the order of 2 Joint Civil Judge Junior Division Surat passed in Civil Misc. Application No. 212 of 1958 directing that a decree should be passed in terms of an award. The order was passed on an application given by the arbitrator who was appointed by the parties by a private agreement. A reference to private arbitration was made after the suit had been instituted but without any reference by the Court under section 21 of the Arbitration Act. It is therefore contended that such an award during the pendency of a suit without an order of reference by the Court as contemplatad in sec. 21 of the Arbitration Act is bad and the Court was not right in passing a decree in terms of such an award. THIS contention is obviously correct in view of the provisions of sec. 21 of the Arbitration Act. Reference may be made to Jugaldas Damodar and Co. v. Purshottam Umedbhai and Co. A.I.R. 1953 Calcutta 690 No authority in support of the contrary view is cited. The order passed by the Court is clearly wrong and amounts to an illegal exercise of jurisdiction.

(3.) IT is open to either party to raise this contention before the lower Court and the lower Court will consider whether such contention can be raised and if it can be raised in what manner it should be decided.