BAKHTAWAR LAL Vs. RAM KUMAR

JUDGEMENT

(1.) THIS is an appeal filed under S.39(1) (vi) of the Arbitration Act against the judgment of the First Civil Judge, Meerut, dt. 13th April, 1976, setting aside the award dt. 26th July, 1971, given by Kailash Chand Mittal. The appellant was the head of the joint Hindu family, of which respondents 1 to 12 were the members. These respondents can be grouped into two parties. The first party consisted of the appellant and respondents 1 to 5, whereas the second party consisted of respondents 6 to 12. It is in this fashion that the two sides have been defined in the arbitration agreement dt. 13-5-1971, which led to the award dt. 26-7-1971. On behalf of the first party the appellant had signed the agreement, whereas on behalf of respondents 6 to 12 the agreement was signed by Smt. Sumitra Devi, respondent 6. The arbitrator gave notice of the award on July 26, 1971. He gave copies of the award to both sets of parties, the original remained with the arbitrator.

(2.) AN application under S. 14(2) of the Arbitration Act was filed by the appellant for filing the award in Court and for making the same a rule of the Court.

(3.) ON the pleadings of the parties, the learned Civil Judge framed seven issues. Out of these seven issues, the relevant ones are Issues Nos.1, 2, 5 and 6. These issues are being reproduced below :-