JAGJIT SINGH Vs. JOWALA SINGH

JUDGEMENT

(1.) The parties to this appeal commenced brick kiln business as partners in village Dakunda in the year 1951 and at Jaspur in the year 1952. This business continued till the year 1954 when some dispute arose between the parties. The parties entered into an arbitration agreement in April, 1955, and appointed Sarvshri Lachhman Singh, Gurdit Singh, Bakhsha Singh, Mela Singh, Nanak Chand and Daulat Singh, as Arbitrators to decide the dispute regarding the brick kiln business between them. On 12th April, 1966, the Arbitrators gave their award and on an objection filed by Jagjit Singh (defendant No. 1), the award was set aside by Sub-Judge Ist Class, Phagwara, vide his order dated 10th January, 1967. The matter was sent back to the Arbitrators to decide the same afresh in the light of the observations made by the Court. During the pendency of the proceedings before the Arbitrators, Jagjit Singh defendant filed various objections which were rejected by the Sub-Judge Phagwara, vide his order dated 18th November, 1967, and the Arbitrators were directed to proceed with the proceedings. During the pendency of the arbitration proceeding, Shri Nanak Chand, one of the Arbitrators went abroad and in his place, Shri Mehnga Singh was appointed as Arbitrator by the Court on 9th May, 1967. The Arbitrators gave the award on 11th April, 1969, holding that Jagjit Singh defendant was liable to pay the amount of Rs. 28,000/- to Jawala Singh plaintiff. Jagjit Singh and Dalip Singh defendants filed objections in Court which were accepted by the Court vide order dated 30th December, 1970 and the award was set aside on the ground that Mehgna Singh, one of the Arbitrators, had resigned and did not participate in the arbitration proceedings. This order was appealed at the instance of Jawala Singh Plaintiff in the High Court and the said appeal was rejected on 19th April, 1974. Hence the arbitration agreement remained valid and subsisting and binding between the parties. The application for filing the award was thus pending and it was necessary and expedient that the arbitration agreement be got filed and a reference be made to Arbitrators appointed by the parties. During the pendency of this application another application was moved by the plaintiff for the appointment of the Arbitrator in place of Mehgna Singh, who had resigned and had neglected to participate in the arbitration proceedings, and another Arbitrator in place of Bakhsha Singh, who had since died.

(2.) Dalip Singh and Gurbachan Singh, defendant Nos. 2 and 3, did not contest the application while Jagjit Singh defendant No. 1, contested the same. He raised objections that no arbitration agreement was even executed and no Arbitrators were appointed and no reference could be made after the rejection of the appeal filed by Jawala Singh plaintiff by the High Court.

(3.) On the pleadings of the parties, following issues were framed :-