GOPI CHAND Vs. LAL CHAND

JUDGEMENT

(1.) THIS is an appeal under Section 52 of the Judicature Ordinance (10 of 2006) against the judgment of a Single Bench of this Court dismissing a petition for revision brought by the Appellant. The parties to this case are brothers, between whom disputes regarding property are going on for the last three decades. In 1930, they and their brothers got their joint property partitioned through arbitration. Disputes regarding mesne profits of certain properties again arose between Lal Chand and Gopi Chand. This they referred to a sole arbitrator, Shri Pratap Chand, another brother of theirs, by means of an agreement dated 10 -5 -1937.

(2.) DURING the pendency of the above application Gopi Chand presented another application on 18 -1 -1951 stating that, on dismissal of Lal Chand's application under Section 33 for setting aside the award, the Court ought to have drawn up a decree -sheet instead of merely preparing a Memorandum of Costs and prayed that a regular decree -sheet be prepared.

(3.) GOPI Chand Appellant took out execution: and it was then that Lai Chand came to now of the decree. He took exception to the execution, and also presented a separate application under Section 151 Code of Civil Procedure for cancellation of the order dated 22 -2 -1952, on the ground that it was without Jurisdiction, illegal and obtained on the basis of misrepresentations at his back and without any; notice having been issued to him.