RENU Vs. DILIP KUMAR

JUDGEMENT

(1.) THIS is a revision filed under Section 115 of CPC by the non-applicants against an order, dated 9-7-2001, passed by learned Xlth Additional District Judge, Indore, in Civil Suit No. 59-A of 2000. By impugned order, the Trial Court has allowed the application made by the respondent under Section 20 of the Arbitration Act of 1940 (since repealed ). So the short question that arises for consideration in this revision is, whether learned Trial Judge was justified on his part in allowing the application made by the respondent under Section 20 of the Indian Arbitration Act, 1940 ? Facts necessary for the disposal of the revision need to be taken note of to appreciate the issue involved and urged.

(2.) AS observed supra, the petitioners are non-applicants whereas the respondent is the applicant in the Trial Court.

(3.) PETITIONER is a widow of one late Sudhir Bhargava whereas petitioner No. 2 is her minor son (now major ). Late Sudhir Bhargava owned agricultural land bearing khasra No. 748/1, measuring about 0. 321 hectare situated in Village Rau in Tehsil Mhow, District Indore. On his untimely death, at a very young age, the land in question devolved upon petitioners as his only surviving legal representative and this is how the petitioners became owner of the suit land.