CHAMPALAL HARCHAND MAHAJAN Vs. KANAKMAL DEVCHAND MAHAJAN

JUDGEMENT

(1.) This appeal presented under Section 96 of the Code of Civil Procedure (for short, 'the Code') is directed against the judgment and decree dated 13th February, 1978 rendered by the Additional Judge to the Court of Distt. Judge, Jhabua in COD No. 1 -D of 77, thereby dismissing the Appellant's suit on the ground of untenability in view of Section 32 of the Arbitration Act, (for short, 'the Act').

(2.) Briefly stated, the facts of the case are that parties had faced some dispute as regards monetary liability. They, therefore, referred that dispute to the Panchas in 1974 without intervention of the Court, The panchas passed Award on 27 -9 -1974. On the basis of that Award, the appellant was held entitled to recover the sum of Rs. 16,000/ - from the respondents. The parties, on being read over, accepted this award and declared the intention to act according to it. In pursuance of this, the respondent No. 1 paid the sum of Rs. 3000/ - to the appellant on 31 -10 -1974 through panch Babulal. The remaining amount was, however, not paid as a result of which the demand was made through notice dated 7 -10 -1975. This demand was not met. So the appellant filed the suit for recovery of the amount. The respondents resisted the claim and contended that the suit was hit by Section 32 of the Act and as such was barred by law. The trial Court tried this objection as preliminary issue. After hearing the parties, the trial Court concluded that the suit was in fact, a suit to enforce the Award and was clearly hit by Section 32 of the Act. Consequently, the suit was dismissed. Aggrieved by this judgment and decree the appellant has preferred this appeal.

(3.) I have heard Shri S.D. Sanghi, learned Sr. Counsel with Shri Upadhyaya for the appellant and Shri R. G. Waghmare learned Sr. Counsel win Shri Ravi Waghmare for the respondents.