AMBIKA PRASAD THAKUR Vs. SIVA PARSAN SINGH

JUDGEMENT

(1.) MISCELLANEOUS Appeal No. 14 of 1956 is presented on behalf of defendants against the order of the Addl. Subordinate Judge of Arrah, dated 3-12-1955, in Title Suit No. 35 of 1950, superseding a reference to arbitration made by the parties -in the suit. MISCELLANEOUS Appeal No. 15 of 1956 is made on behalf of the same persons against the same order made in Title Suit No. 12 of 1949. Civil Revision No. 1200 of 1955 and No. 38 of 1956 are made on behalf of the same defendants against the order of the learned Addl. Subordinate Judge, dated 12-12-1955, refusing to enquire into the existence of an alleged award or pronouncement of the alleged award by the arbitrators concerned.

(2.) IT appears that on 2-12-1955, an application was made on behalf of the appellants in both the title suits, stating that the award had been prepared, signed and announced by the arbitrators in the presence of the parties. IT was alleged that the award was prepared on 27-11-1955. This application was made by the appellants under Section 14 of the Arbitration Act. On the same elate a rejoinder was filed on behalf of the respondents stating that the award was not announced nor \vas it prepared and the allegation of the appellants to that effect was wrong. On 3-12-1955, the learned Subordinate Judge made the following order, which is the subject matter of the two Misc. appeals: