GAYA RAM Vs. DINESH SINGH

JUDGEMENT

(1.) THIS Miscellaneous Appeal is directed against the judgment passed by Sub -Judge 1st, Gopal Ganj, in Title Suit (Arbitration) No. 121/93. The defendant of the suit is the appellant here.

(2.) THE relevant facts are that the plaintiff -respondents filed the aforesaid suit on the allegation that they had pledged certain ornaments to the appellant and on the basis of the pledge they had taken some loan. They paid back the loan to the tune of Rs. 55,000.00 , but the defendant -appellant failed to return the pledged ornaments. When there was a hue and cry over tide affair, people gathered and persuaded the parties to abide by the decision of Panchas. 15 panchas were nominated by the parties and Panchnama was prepared on 20 -6 -1993. The panchayati had to take place on 22 -6 -1993. On this date 10 panchas gathered near Shiva Temple and in presence of the parties gave their award. The defendant -appellant was directed to return the ornaments to the plaintiff -respondents, but when he failed, the suit was filed before the Sub -Judge and during the course of hearing of the suit, the same award was filed which was made rule of the Court.

(3.) IT was submitted by the appellants lawyer that out of the 15 nominated panches only 10 appeared and only 9 of them signed on the decision of the Panchas. So, it was not a majority decision and there was no explanation as to why other panchas out of the nominated 15 failed to turn up. Moreover, the original award was not filed before the Court. Besides the above, the panchayati was held on 22 -6 -1993, but the award was signed on 22 -6 -1993. One of the panchas himself deposed on behalf of the plaintiff -respondents in Proof of the pledge and the return of the part money of the loan. So, the award was vitiated. Besides the above, the award was filed in Court beyond 20 days of the date of its making, So, also the suit was barred by time.