B BHAGWAN DIN GUPTA Vs. B BISHESHWAR NATH

JUDGEMENT

(1.) THIS is an appeal under Section 39 of the Indian Arbitration Act against the order of the Civil Judge, Hardoi, dismissing the objections of the appellant to the award and making it a rule of the Court.

(2.) IT appears that the applicant and opposite parties Nos. 1 and 2 were the sons of one Ajodhia Prasad, and Smt. Rajrani Devi, opposite party No. 3, was the widow of Ajodhia Prasad. Ajodhia Prasad was possessed of moveable and immoveable property which passed to his three sons and his widow on the death of Ajodhia Prasad. Shortly after the death of Ajodhia Prasad, however, disputes arose with regard to the joint property and the parties ultimately appointed one Sri Mohan Lal, Advocate, Hardoi, who was a cousin of Ajodhia Prasad, as arbitrator, and ant agreement was executed on the 11th August, 1940. Thereafter Sri Mohan Lal, Advocate, entered upon the reference and meetings were held from time to time, extending over several years, which were attended by the parties. No award was, however, made for quite a number of years till on the 12th December, 1949, a notice was served by the appellant upon Sri Mohan Lal asking him not to proceed with the arbitration and intimating that he would not be bound toy the award made thereafter. Sri Mohan Lal, however, proceeded with the writing of the award and made an award on the 24th October, 1950, which, was duly registered in the office of the Sub-Registrar. An application for filing the award was made on the 17th April, 1951, and objections to the award were filed by the appellant on the 4th July, 1951. A reply to the objections was filed by the opposite parties on the 26th October, 1952. Before the reply was filed, however, an application was made by the opposite parties for extension of time for making the award. The Court extended the time for filing the award and heard the objections. IT however, came to the conclusion that the objections had no force and dismissed them. The award was then made a rule of the Court, The appellant has come up in appeal.

(3.) AS regards the first point, the relevant part of Section 28 of the Arbitration Act is as follows :