SANTOSH KUMAR PATSARIA Vs. RADHA KRISHNA PATSARIA

JUDGEMENT

(1.) UNDER a registered agreement dated 16th november, 1970 made between the predecessor-in-interest of the present petitioners and the opposite parties, two persons named, chiranjilal Jhunjhunwalla and Jagdish Roy Gupta, were appointed as Arbitrators. After the said Arbitrators had made their award, sagarmal Patsaria (since deceased), the predecessor-in-interest of the present opposite parties, had filed in the Subordinate Judge's court, Asansol, an application praying for a direction upon the learned arbitrators to file their award along with the depositions and documents by the date fixed by the court and for passing a judgment and decree in terms of the said Award. The said application was made in substance under sub section (2) of section 14 of the Arbitration act, 1940 and the same was registered as Title Suit No. 20 of 1971.

(2.) ON 29th October, 1971 the said Arbitrators filed their Award in the court below. Thereupon, the opposite party nos. 4 to 6 of their suit, had filed an application under sections 30 and 33 of the Arbitration Act. It appears that the said application was, however not registered as a separate Misc. Case.

(3.) BY his order complained of in this Revisional Application, the learned Assistant District 3udg;e has allowed the prayer for bringing on record the heirs of the deceased defendant no. 1.