BAPULAL Vs. NATHULAL

JUDGEMENT

(1.) This revision petition raises the question regarding validity of a reference to arbitration and the decree based on the award given in pursuance of it when all the parties to the suit did not join in the reference.

(2.) The facts giving rise to this petition are as follows. Plaintiffs Nathulal, Ratanlal, Ramnarain and Kanhaiyalal filed this suit for permanent injunction and damages in respect of an agricultural holding which the defendants Bapulal, Madandas, Hastimal and Bhavralal were alleged to have threatened to tres-pass upon.

(3.) The arbitrator gave his award on 20-9-58. Below the award both Nathulal and Ramnarayan signed giving their assent to the award and accepting notice of it. Neither the defendants nor the counsel for them was present then. Plaintiffs Nos. 2 and 4 i.e., Ratanlal and Kanhaiyalal were also absent Objections were submitted to this award, on its submission in Court, on behalf of the defendants assailing it on the grounds that the arbitrator was interested in the plaintiffs and had misconducted himself and the proceeding by not giving due opportunity to the defendants. The Court over-ruled these objections and passed a decree in terms of the award by its judgment dated 27-1-1959.