BALA PRASAD Vs. JAGANNATH PRASAD SHARMA VAKIL

JUDGEMENT

(1.) These two connected appeals under the Court Fees Act have arisen out of a proceeding under the Indian Arbitration Act, 1940.

(2.) On 1-10-1959 Sri Jagannath Prasad Sharma filed an application in the Court of the Civil Judge, Agra under Section 14 of the Indian Arbitration Act (hereinafter referred to as the Act). According to this application, there were certain differences among the three opposite parties. The matter was referred to Sri Jagannath Prasad Sharma as arbitrator. He gave his award on 20-6-1959. Opposite Party No. 1 (The Central Finance anid! Housing Company Limited) requested the arbitrator to file his award. The arbitrator filed the award accordingly for necessary action by the Court. The case was registered; and notices were issued as laid down in Section 14 of the Act.

(3.) Opposite Party No. 1 supported the application by the arbitrator, and requested the Court to pass a decree in terms of the award. Nand Kumar Misra and Bala Prasad, opposite parties Nos. 2 and 3, filed objections. On each of the two objections the Munsarim of the Court wrote down a report to the effect that, the objector must pay Rs. 200 towards court fee on the objection. On 13-1-1960 the Court passed orders on these objections to the effect that the objectors must pay up court fee as reported by the office. The objectors raised an objection to the demand for court fee. The Court, therefore passed another order on 19-1-1960 deciding that the Munsarim's report was correct, and the objectors must pay up court fee accordingly. F. A. F. O. No. 120 of 1900 is by Nand Kumar Misra. It is directed against the Courts order dated 13-1-1960. F. A. F. O. No. 56 of 1960 is directed against the subsequent order dated 19-1-1960. The two appeals raise the same question of law.