CHANDRAKANT MAGANLAL PATEL Vs. ISHWARLAL GHELABHAI CHOKSEY

JUDGEMENT

(1.) THIS is an appeal by the original plaintiff against the order of the learned Judge of the Bombay City Civil Court, Dated 4-10-1974 raising a question as to the registrability of an award, made in reference by the Court in pending proceedings, under Section 17(b) of the Registration Act.

(2.) FEW facts relevant for the disposal of this appeal are as under:- The plaintiffs had filed a suit being suit No. 825 of 1967 against 15 defendants in respect of certain property. On 24-10-1969, the parties to the suit filed consent terms agreeing to refer to the arbitration of Advocate Shri P. C. Kapadia all questions or issues arising out of pleadings of the parties including those specifically set out in the said consent terms. Initially defendants Nos. 1 to 3 were joined as defendants to the suit. However, subsequently defendants Nos. 4 to 15 were joined as defendants to the suit as it was disclosed that they had interest in the property.

(3.) THE learned Judge who heard the said petition dealt only with the question of registration of the award and by his order dated 4th October 1974, held that the said award was compulsorily registrable under the said provisions of Section 17(1)(b) of the Registration Act and since it was not so registered it was invalid. He, therefore set aside the said award on that ground alone and directed that the suit be referred back to the Court for trial from the stage at which it was referred to the arbitration of Shri Kapadia.