ABDUL RAHMAN SAHIB Vs. MUHAMMAD SIDDIG AND ANR.

JUDGEMENT

(1.) THE facts leading up to these revisions are these : The petitioner filed O. S. No. 154 of 1945 on the file of the Court of the District Munsif of Tiruchirapalli to recover possession of Immovable property. He also claimed mesne profits. There was also a prayer for injunction. The defendants contested the claim. While the suit was pending the parties agreed to refer the matters in dispute between them in the suit and various other matters as well to arbitration and on 14 -10 -1945 they executed a muchilika in favour of five named arbitrators containing 'inter alia' the following statement:

(2.) THE plaintiff took up the matter in appeal to the District Court. In C.M.A. No. 12 of 1947 the District Judge confirmed the order in I. A. No. 1627 of 1945, on the ground that the reference not having been through Court, the award could not as such be upheld. In C.M.A. No. 13 of 1947 the learned District Judge agreed with the learned District Munsif that the charges of misconduct against the arbitrators were not made out and he confirmed the order of dismissal of I. A. NO. 51 of 1946. In C.M.A. No. 43 of 1946 he agreed with the order of the learned District Munsif in I. A. No. 364 of 1946 that the award though not valid as such could be upheld as a compromise under Order 23, Rule 3, Civil P. C. In the result the decisions of the lower Court were confirmed. The plaintiff has preferred the above civil revision petitions against the orders in C.M.A. Nos. 12 of 1947, 13 of 1947 and 43 of 1946. Before me no attempt was made to attach the finding that the award is not vitiated by the misconduct of the arbitrators, nor has the award been sought to be supported on the ground that it would be valid as such notwithstanding that there is no order of reference through Court. It would follow that C. R. P. NOS. 1783 and 1784 of 1949 must be dismissed.

(3.) THE facts leading up to this reference have been fully stated in the order of reference and there is no need to recapitulate them. The question that arise; for determination is, whether when parties to a suit refer their disputes to arbitration without the intervention of the Court and that results in an award, a decree can be passed under Order 23 Rule 3, Civil P. C., in terms of the award, treating it as an adjustment or compromise of the suit. The answer to it depends on the construction of the proviso to Section 47, Arbitration Act 10 of 1940.