PANDIT DAYA SHANKAR Vs. SHEO RAM

JUDGEMENT

(1.) This is a second appeal by a Plaintiff whose claim for damages for breach of two contracts for purchase of arhar and lai has been thrown out by both the courts below.

(2.) The Appellant's version is that Respondent had entered into two forward contracts with him to purchase the aforesaid commodities but since the prices went down he refused to make the purchases. He produced a written agreement which provided, inter alia, that in case of a dispute between the parties it would be referred to the arbitration of the National Chamber Arbitration Board. The Appellant preferred two claims before the aforesaid Board on 10-10-1942 on the ground of the alleged breaches of contract committed by the Respondent. It may be mentioned at this stage that he did not serve any notice on the Respondent either before or after preferring the said claims. The Board issued certain notices to the Respondent and after several abortive attempts to serve him the Board came to the conclusion at a later stage same time in January, 1944 that notices had been served. An award was made on 15-11-1945 in favour of the Appellant. An application vas then made by the arbitrators to the Munsif for making the said award a rule of the Court. The learned Munsif, however, refused to do so and passed a decree on 15-3-1947 setting aside the said award.

(3.) The suit which has given rise to this second appeal was instituted on 24-8-1947. It is admitted in the plaint that causes of action arose on 18-8-1942 and 27-8-1942 when the Respondent refused to make he purchases.