IN RE: JOGHEE GOWDER AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS is a Civil Revision Petition which is sought to be preferred against the order made by the learned Subordinate Judge of the Nilgiris in I.A. No. 265 of 1954 in O.S. No. 30 of 1951.

(2.) O .S. No. 30 of 1951 was filed for partition and separate possession of the plaintiffs' share in certain properties. During the pendency of this suit, the 9th defendant therein filed O.S. No. 251 of 1952 for specific performance of an agreement for partition and for a permanent injunction restraining the plaintiffs from further proceeding with this suit. While the two suits were pending trial, a memo was filed under Section 90 of the Code of Civil Procedure, to the effect that the parties agree that matters in dispute in the above two suits may be decided by the Court acting as arbitrator. This memo was subscribed to by all the parties who had entered appearance and their counsel. On the same date the learned Counsel for the plaintiffs also filed an affidavit that as the matter involved is rather small and as it would be to the advantage of minor plaintiffs 3 to 5 in O.S. No. 30 of 1951 if the suit is settled by arbitration, the Court may be pleased to order that the suit may be settled by arbitration by the Judge. The learned Subordinate Judge passed a judgment on 3rd April, 1954.

(3.) NOW this application I.A. No. 265 of 1954 has been filed on 11th June, 1954, supported by an affidavit in which the first plaintiff alleges that the provisions of the Arbitration Act applies to the case, that no notice of the award was given to any of the parties nor objections called for, that the procedure followed is illegal and that therefore the award should be set aside and the suit disposed of afresh.