UNION OF INDIA Vs. OM PRAKASH

JUDGEMENT

(1.) THIS is a revision under S.115 of the Civil P.C. filed at the instance of Union of India assailing the order of the Court below appointing a retired Hon'ble Judge of this Court as an Arbitrator in proceedings under S.8(1)(b) of the Arbitration Act.

(2.) THIS is one of those cases which must cause lot of anguish and concern to every right thinking citizen of this country and reflects not very favourably on the attitude adopted by the Government which proposes to be one of the people, by the people and for the people. We must pause here and ponder whether such a long and arduous series of litigation should really have taken place and should have occupied more than 40 years in the arena of Courts and still showing no sign of culmination dispite so many battles that have been fought during the last four decades.

(3.) IN the objection filed by the revisionist it was nowhere stated that an official with the designation of Director of Farms, G.H.Q. was available for appointment as an Arbitrator. It was also not stated anywhere that same other official having similar powers though with different designation existed. Had a plea of this nature been taken on behalf of the Government it would have been possible for the parties to lead evidence on this question and also for the Court below to find if a person holding that post existed. This was a question of fact which ought to have been raised by the revisionist before the Court below. Having failed to do so it cannot now in revision try to fill up the lacuna by filing evidence.