PANCHANAN PAL Vs. NANI GOPAL NIYOGI

JUDGEMENT

(1.) This Rule was issued by us for review of an order made on July 11, 1949, in Civil Rule No. 156 of 1948. The review was prayed for on the ground that a question of limitation arising out of Section 33 of the Arbitration Act was not placed before us at the time when we disposed of the aforesaid Civil Rule No. 156 of 1948.

(2.) In order to appreciate the contention raised by Mr. Dutta appearing on behalf of the Petitioner in the present Rule, it is necessary to state briefly the facts leading up to the present dispute.

(3.) One Tinkarhi Das died leaving a widow Narayani Dasi and a sister's son Nani Gopal Niyogi. Nani Gopal entered into an agreement with Panchanan Pal, the Petitioner in this Rule, on September 12, 1939, whereby Panchanan Pal agreed to finance the litigation to be started in the name of Nani Gopal Niyogi against his maternal aunt Narayani Dasi for possession of Narayani's husband's estate from her hands. The agreement provided that, in case of success in the proposed suit, Nani Gopal would pay to Panchanan Pal a sum of Rs. 9,000 for the costs to be incurred by Panchanan Pal and for his loss of business and labour and trouble and in case of failure in the proposed suit, Panchanan Pal would bear the expenses.