RADHA KISHEN Vs. GANGA RAM

JUDGEMENT

(1.) THIS is a Plaintiff's appeal against a judgment and a decree of the Senior Subordinate Judge, Amritsar, allowing an appeal against the decree of the Subordinate Judge, whereby he held that a suit could lie on an award, and had decreed the suit,

(2.) ONE Ramchand died in 1941 leaving a Will in favour of Ganga Ram. The question of the validity of the Will was agitated in the Probate Court and went up in Letters Patent Appeal to the Lahore High Court which was, on the 30th of May, 1944, decided in favour of Ganga Ram Defendant. Sometime in January 1943 there was an agreement to refer to arbitration the dispute between Ganga Ram and the present Plaintiff, Radha Kishan, and the award was given the following day which was got registered.

(3.) COUNSEL for the Appellant has submitted that on these allegations the Plaintiff could bring a suit and as both parties had signed the award it was not open to the appellate Judge to go into the validity of the agreement or the award. It was, however, not necessary to go into these questions, nor should they have been gone into, because the present suit which was brought by the Plaintiff is barred by Section 32 of the Arbitration Act Section 32 is as follows: