BANSILAL BANSIDHAR Vs. NANDLAL SHIVNATH

JUDGEMENT

(1.) THIS is an appeal under clause 10 of the Letters Patent against a decision of Krishnan J. in Miscellaneous Appeal No. 111 of 1971.

(2.) THE appellant is a judgment debtor in a decree passed on an award. THE award was made on 27-3-1965 and was filed in the Court on 2-4-1965 for being made a rule of the Court. On 7-5-1965 the parties to the award including the present appellant appeared in the Court and filed their written consent to the award expressly stating that they had no objection to the award being made a rule of the Court, and it was prayed that an order be made accordingly. Acting on the consent of the parties and finding no cause to either remit or set aside the award, the Court passed a judgment and decree according to that award. Admittedly, the limitation prescribed for filing objections to the award had not expired on 7-5-1965 but no objections were filed by the appellant or any one else to the award till the expiry of that period. Apart from this, no appeal or revision was also filed against the judgment and decree passed by the Court either by the appellant or anyone else. THE decree was then sought to be executed and it was at that stage that objections to the execution were taken by the judgment-debtor. It is these objections which led to the present appeal.

(3.) THE First argument of Shri Garg is concluded by a Full Bench decision of this Court in Moolchand v. Maganlal (1965 MPLJ 89 (F.B.)=AIR 1965 MP 75.) It was held therein that a decree given on the basis of an unregistered award is not a nullity and for that reason it cannot be questioned in execution. In the present case also the objection having been raised only at the stage of execution the same is not tenable since at this stage the decree could be challenged only if it were a nullity and not otherwise. THE point being covered by a decision of the Full Bench of this Court, no further discussion of the same is necessary.