CHANDRABHAGA SADASHIV Vs. BHIKACHAND HANSAJI

JUDGEMENT

(1.) THE plaintiff appellant filed the suit for refund of earnest paid, under an agreement to purchase, to the defendant on 6-2-1950. According to him the defendant has committed the breach. Previous to this there was an arbitration between the parties, but the application made by the arbitrator for a decree in terms of the award was dismissed by the Court as the award was not registered. The defendants raised various contentions to the claims by their written statement one amongst them, being a legal one, that the suit was not maintainable in view of Ss. 31. 32 and 33 of the Indian Arbitration Act 1940 as there was a previous arbitration.

(2.) THE trial Judge raised a preliminary issue and held that the suit was barred and dismissed the same with costs. Plaintiff's appeal to the District Court failed.

(3.) THE question, therefore, which falls to be decided is whether the award between the parties had the result of preventing the plaintiff's suit on his original cause of action.