ASHOK SINGH Vs. JUGESHWAR SINGH

JUDGEMENT

(1.) THIS is an appeal by the plaintiff against the order of the court below rejecting their application for making an award the rule of the court.

(2.) BRIEFLY stated.the relevant facts are these : - Both the parties are descendants of common ancestor and own considerable properties. They now form five branches. Differences, however, seem to have arisen between them over partition of their properties and accordingly they decided to get the partition done by a board of arbitrators. Accordingly, they entered into an agreement (Ext. 5) on 2nd June, 1970 by which each branch agreed to appoint one arbitrator of its own and to abide by the majority decision of the said arbitrators. The arbitrators gave their award on 15th October, 1971 and the same was registered on 24th January,1972.

(3.) MR. Sinha, however, argued that inasmuch as the application for setting aside the award filed by the contesting respondents was itself beyond the prescribed period of limitation, the court below has committed an error in law in not rejecting the same in limine and, in absence of any other infirmity in the award, not pronouncing the judgment according to the award.