LAL CHAND Vs. GOPI CHAND

JUDGEMENT

(1.) THIS order will dispose of F.A.O. No. 104 of 1959 and Civil Revision No. 453 of 1962.

(2.) THE dispute is between the brothers and it is unfortunate that they have been litigating right from the year 1937 and I hope that this decision will put a seal on their dispute. The earlier history of this dispute is fully set out in the decision of the Pepsu High Court in Gopi Chand v. Lal Chand AIR 1956 Pepsu 74 and therefore it is not necessary to cover that ground all over again.

(3.) ON the 18th August, 1956, Lal Chand made another application under Section 33 on the ground that the arbitration agreement had exhausted itself and the award of the arbitrator on the basis of that arbitration agreement was a nullity and therefore, it should be ignored. This application was dismissed in default on the 16th January, 1957. However, the petition was restored on his application on the 13th August, 1957, and the plea of the Respondent that the application was barred by time was negatived on the ground that the period of limitation for such an application was governed by Article 181 of the Indian Limitation Act. It was further held that the award was a nullity because the arbitration agreement had exhausted itself when the previous award was given and, therefore, the arbitrator bad no jurisdiction to give a second award. Against this decision, Civil Revision No. 453 of 1962 is before me and it will be disposed of by this order as well.