L GANGA RAM Vs. L RADHA KISHAN

JUDGEMENT

(1.) IN order to appreciate the points that arise fox decision in First Appeal from order No. 2 of 1959 the facts of the case may be set out in some detail.

(2.) ON 20-1-1943 Ganga Ram appellant and Radha Kishan respondent referred the dispute between them to the arbitration of Shri Girdhari Lal by agreement, Exhibit P. 1. ON the following day Shri Girdhari Lal made the award, Exhibit P. 2, which was signed by both parties and presented for registration. In the office of the Sub Registrar Radha Kishan paid Rs. 250/- to Ganga Ram in accordance with the conditions of the award, Ex, P. 2. No further action seems to have been taken by the parties till 23-6-1944, when Radha Kishan instituted Civil Suit No. 313 of 1944 for declaration that by the award, Exhibit P. 2, he had become owner of the property subject to a charge of the dafendant to the extent of Rs. 3,000/-. That suit was decreed by the Sub-Judge on 18-1-1947. ON appeal from the decree passed in Civil Suit No. 319 of 1944 the Senior Sub-Judge dismissed the suit; leaving the parties to bear their own costs. In Regular Second Appeal No, 122 of 1948 the decision given by the Senior Sub-Judge was upheld on 30-5-1951.

(3.) WHETHER the application in question is tune-barred?