RAM KISHORE Vs. RAJ NARAIN DUBEY

JUDGEMENT

(1.) I have heard learned counsel for the parties rather at some length. The point involved in this revision is whether the provisions of para 2 of Schedule I to the Indian Arbitration Act relating to the appointment of an umpire on the request of the arbitrators, is mandatory or merely directory; and whether in a case where no opportunity for taxing recourse to the provisions of Section 8 (1) (c) arose, the provisions of para 2 could be treated to be merely directory and failure to appoint an umpire should be treated to be a mere irregularity.

(2.) IN this case the parties entered into an agreement to refer their disputes to arbitration on the 20th October 1959. Four persons were named as arbitrators. There is nothing in the agreement for the appointment of an umpire. It also does not contain a Clause that the decision by the majority shall be binding on the parties. Reference to arbitration was made on the 20th November 1959 and the award was filed in court on the 16th December 1959. The plaintiff filed an objection praying for setting aside the award on the ground of misconduct of the arbitrators, as well as on the ground that there being no compliance with Para 2 of Schedule I to the Arbitration Act, the award was not a valid award and should not be made the rule of the court.

(3.) PARA 2 of the First Schedule to the Arbitration Act lays down -