DENDUKURI VENKATESWARLU Vs. KASIRAJU LAKSHMI KANTHA RAO

JUDGEMENT

(1.) THIS is an appeal directed against the order of the Subordinate Judge, Guntur, given on 12th September, 1961 whereby the learned Judge considering the preliminary objections dismissed the application filed under section 33 of the Arbitration Act, hereinafter called " the Act" holding that the petition challenging the validity of the arbitration agreement is not maintainable after the passing of the decree in terms of the award and also that the petition is barred by limitation.

(2.) THE facts relevant for the purpose of appreciating the same two contentions which were raised before us may be briefly stated. THE respondent filed O.S. No. 78 of 1957 for accounts and for recovery of moneys found due after taking the accounts. THE plaint also claimed a charge on certain immovable properties. While the suit was pending on 12th September, 1957 the respondent filed a memo giving up the 3rd defendant. THE 3rd defendant is the father of the ist petitioner. On the same day, the remaining parties to the suit filed an application requesting the Court to refer the dispute to Sri B. V. Subbaiah, Advocate and Sri Yedalapudi Nagaiah, who were constituted by the parties as arbitrators. THE application further stated that these two mediators should choose a third person. On 13th October, 1957, in view of the fact that the reference was made according to the application by the Court, the arbitrators passed an award which was filed into Court the next day.

(3.) WHILE the petition was thus making a halted progress, on 26th November 1957, only two days prior to the final re-presentation of the petition, the Court passed a decree in terms of the award. The petition under section 33 was dismissed on 9th April, 1958. The trial Court refused to excuse the delay. Against the said order of the Subordinate Judge, the 1st appellant filed A.S. No. 58 of 1958 in the District Court. The appeal was allowed on 18th April, 1958. and the matter was remanded for considering the objections raised in the petition filed under section 33.