AMRIK CHAND Vs. RAM SARUP

JUDGEMENT

(1.) By this petition the petitioner seeks revision of the decision dated It.3.1976 given by the Additional District Judge, Kangra purporting to be in exercise of his appellate jurisdiction under section 39 of the Indian Arbitration Act, (hereinafter called the Act) whereby the learned Additional District Judge affirmed the order of the Senior Subordinate Judge Dharamsala passed under section 17 of the Act directing that the award filed in his Court under section 14 of the Act by the Arbitrator be made a rule of the Court and a decree be passed in terms thereof.

(2.) The facts giving rise to this petition may in the first instance be stated briefly. The petitioner and the respondent are real brothers. They jointly owned considerable property both movable as also immovable and also were carrying on joint business under different names and styles. As usually happens under such circumstances, differences cropped up between the two brothers concerning their joint property and business. They referred such disputes to the sole arbitration of their uncle Jagat Ram vide their agreement dated 10.8.1965.

(3.) The arbitrator appears to have entered upon reference promptly and he actually made his award on 17.8.1965. Signed copies of the award were supplied to the parties by the arbitrator on the following day i. e. 18.8.1965. Since the parties had not earlier supplied him with the requisite stamp paper, the arbitrator made his original award dated 17.8.1965 on an unstamped paper and also called upon the parties to provide him with the stamp paper to enable him to re -write the award on such paper.