BHOLA NATH MALLICK Vs. MAHADEV MALLICK

JUDGEMENT

(1.) THIS is a petition for revision of an order passed by the Subordinate Judge, 5th Court, Alipore, overruling an objection filed by the defendant opposite party to.

(2.) THE Award in question was filed by the arbitrators on September 21, 1949 in a pending proceeding in T. Section No. 182 of 1948. One of the defendants, Mahadev Mullick, who is the opposite party in this Court, filed an objection, on December 17, 1949. THE preliminary objection was taken by the plaintiff Bhola Nath Mullick that the objection was barred by time and cannot be entertained by the Court. an award filed by arbitrators.

(3.) TO appreciate the poin't in issue we may set out some of the relevant facts in this connection. The plaintiff-petitioner originally filed an application under Section 28 of the Arbitration Act pleading that the dispute between him and the defendant Mahadev had been referred to the Arbitration of two persons but that the said arbitrators had not filed their Award within the specified time. He accordingly prayed that the Court might extend the time for the filing of the award with retrospective effect as the stipulated time had expired already on February 6, 1946. Mahadev Mullick, who is the defendant, filed an objection to such extension of time. On December 11, 1948, the Miscellaneous Case. which had been registered on the filing of the application under Section 28 of the Arbitration Act was struck off and the application already filed was registered as a plaint. Though Mahadev had appeared in the earlier stage during the pendency of the Miscellaneous Case he did not enter appearance after the application was registered as a plaint. The arbitrators as already stated filed the Award within the time fixed by the Court in T. S. No. 182 of 1948.