LAWS(P&H)-1966-11-18

SARDOOL SINGH Vs. HARI SINGH

Decided On November 09, 1966
SARDOOL SINGH Appellant
V/S
HARI SINGH Respondents

JUDGEMENT

(1.) This case has been referred by my learned brother, Harbans Singh, J., to a Full Bench in view of the conflict of opinion in the various High Courts on the question -

(2.) The Patna High Court in Seonarain Lal V. Prabhu Chand, 1958 AIR(Pat) 252 has taken the view that registration is not a sine qua non for the award being made a rule of the Court under the 1940 Arbitration Act. A contrary view has been taken by a Division Bench of the Andhra Pradesh High Court in Srinivasa Rao V. V. Narasimha Rao, 1963 AIR(AP) 193 and also by a Division Bench of this Court in Shambhu Nath V. Gokal Chand, 1952 AIR(P&H) 146 This view is also shared by the Gujarat High Court in Ichharam Damodardas V. Kantilal Nathubhai, 1963 AIR(Guj) 28

(3.) It is not necessary to set out the facts the question to be settled being purely a legal one.