JAWALA PRASAD Vs. AMAR NATH

JUDGEMENT

(1.) THIS application in revision has been presented to this Court by the defendant. On 12-12-1946 the plaintiff opposite-party, Lala Amar Nath, filed a suit for recovery of a sum of RS. 4,000 from the present applicant in the Court of the civil Judge of Hardoi. On 25-3-1947 the suit was, by mutual agreement, refer red to the arbitration of the persons, namely, Shri Sundar Lal Gupta and Shri Shiva Govind Mehrotra. The first of these two persons was counsel for the plaintiff and the second was counsel for the defendant. Three days later, i. e., on 28-3-1947, the defendant intimated to both the arbitrators that it was his desire that they should not proceed with the case because he had, subsequent to their appointment, gathered some information to the effect that his own counsel was related to the plaintiff and that the plaintiff's counsel was a friend of the plaintiff and had had money dealings with him. The defendant followed up this notice to the arbitrators by an application to the Court on 30-3-1947. In that application he prayed that the Court might be pleased to recall the reference. He intimated that he had strong objection to the arbitrators, proceeding with the arbitration.

(2.) THIS application was rejected by the Court on 1-4-1947 on the ground that it was not competent for it, after having referred the matter to arbitrators, to revoke the arbitration order.

(3.) ON 25-4-1947 the arbitrators announced their award. They decreed the plaintiff's claim for a sum of Rs. 2,070 and awarded his proportionate costs and future interest at 3 per cent. per annum.