SHEORAMPRASAD RAM NARAYANLAL BANIA Vs. GOPALPRASAD PARMESHWARDAYAL SHUKLA

JUDGEMENT

(1.) THIS is an appeal of the first defendant, Sheoram Prasad, against the order passed by the Court of Additional District Judge, Rajnandgaon, in Civil Suit No. 86 a of 1954, refusing to set aside an award.

(2.) FIRM S. S. Gupta Bidi Works, Rajnandgaon, belonged jointly to Mst. Sheodulari, and the first defendant who is her husband's younger brother. Mst. Sheodulari is the wife of the third respondent, Sheogopal and step-mother of the plaintiff sheokumar, respondent 4. The partnership acquired some immoveable properties at Rajnandgaon and other places. By a registered deed ated 27-7-1945, Mst. Sheodulari transferred her interest in the business and the properties to the plaintiff. On 1-12-1948, the plaintiff and the first defendant took Radheshyam, defendant 3, as a partner of -/4/- share in the partnership business, the remaining -/12/- share being owned equally by the plaintiff and the first defendant. The irnmoveable properties continued to be owned by the plaintiff and the defendant 1 exclusively.

(3.) ON 12-11-1951, the first defendant made an application to the lower Court under Section 14 of the Arbitration Act, 1940, for notice to the arbitrators to file the award. He also stated in that application that he challenged the award on various grounds. The grounds, however, were not specified. The application was registered as miscellaneous judicial case No. 10 of 1951, In the meantime, the lower Court was abolished. Accordingly the application was transferred to the Court of the District Judge, rajnandgaon, where it was registered as miscellaneous judicial case No. 27 of 1953. Thereafter, the lower Court was restored, and the application was retransferred to it and registered as civil suit No. 88-A of 1954. In that suit, only the present respondents were impleaded as defendants. Radheshyam was not made a party as, according to the first defendant, he had retired from the partnership on or about 3-1-1950.