AVTAR SINGH Vs. REGISTRAR

JUDGEMENT

(1.) C.M. No.13551-C of 2012

(2.) The appellant-plaintiff is in regular second appeal against the judgment and decree dated 10.11.2010 as well as the judgment and decree dated 7.3.2012 of the lower Appellate Court whereby the suit of the plaintiff seeking declaration that defendants are not entitled to recover any amount from the plaintiff on account of loan raised by Gurmail Singh, his father for construction of the house and as well as challenge to the order dated 08.06.1995 passed by the Arbitrator being void and in violation of the terms and conditions of the agreement, had been dismissed.

(3.) The appellant-plaintiff instituted the aforementioned suit on the premise that his father, Gurmail Singh, had taken loan of Rs. 80,000/- for construction of the house from defendant No.4 i.e. Chupki Co-operative HOUSEFED Society, Chupki and had been paying installments of the loan. Unfortunately, he died on 27.11.1995. Since the plaintiff was nominee of his father in the loan case, the defendants sought recovery of the amount from him as the HOUSEFED was to arrange an insurance cover on the life of the loanee equal to the outstanding loan. The Arbitrator ignored the aforementioned facts while passing the award as no opportunity of hearing was granted.