JUMMAN KHAN Vs. MUJIBUL HASAN KHAN AND ANOTHER

JUDGEMENT

(1.) This is a plaintiff's revision application. It arises out of a suit filed by the plaintiff for dissolution of partnership and for rendition of accounts.

(2.) It appears that during the pendency of the suit in the trial court the parties entered into an agreement by virtue of which they appointed an arbitrator who was authorised to give an award in respect of the disputes that had arisen between the parties. The matter was accordingly referred to the arbitrator who pronounced the award. The plaintiff thereafter applied to the court praying that a decree be passed in terms of the award given by the arbitrator. This was objected to by defendant not respondent.

(3.) Reliance on behalf of the defendant no. 1 was placed on Sec. 47 of the Arbitration Act which lays down as follows:-