RAM DASS SINGLA Vs. DEVINDER SARUP BRAHMCHARI

JUDGEMENT

(1.) This revision petition arises out of an order passed by the trial Court making the award dated 30th January, 1985 as rule of Court and the order of the Appellate Authority affirming the same.

(2.) Learned counsel for Ram Dass objector (hereinafter referred to as the petitioner) contended (i) that the award was given by the Arbitrator without hearing the petitioner; (ii) the petitioner was not a privity to the arbitration agreement and consequently, the proceedings before the Arbitrator are void ab-initio (iii) it was further contended that since the award creates and abolishes rights of the parties in the properties for a value of more than Rs. 100/-, it required registration. In the absence of the award -being registered, it cannot be made rule of Court. Lastly, it was submitted that the dispute with respect to a particular property detailed in the alleged arbitration agreement was referred to the Arbitrator for partition. Since the award does not effect the partition completely and some of the properties have been kept joint. It is averred that the award is incomplete not only with respect to the properties having been kept joint but also no partition has been effected completely so far descendants of Jai Lal are concerned inasmuch as only properties of Ram Parkash have been separated while the share of other descendants was kept joint in the impugned award.

(3.) Conceptually, the cardinal principle accepted by the various judicial precedents is that the Arbitrator is a Judge of the parties of their own choice with respect to the dispute referred by them to him. The jurisdiction of the Arbitrator is procedural, substantive and in all other respect is hatched by the parties by their own volition through the arbitration agreement, though he is expected to be an impartial Judge to determine the question of law as well as the facts involved to determine the controversy referred to finally between the parties. As a natural consequence, the very nature of his function is of a judicial enquiry which is basically embibed with compliance of the principles of natural justice including giving an opportunity of hearing to the parties, granting an opportunity to lead evidence and cross-examining the witnesses etc. The functions of an arbitrator are judicial functions.