BHOPAL SINGH Vs. NAGENDRA NARAIN SINGH

JUDGEMENT

(1.) This appeal under Section 37 of the Arbitration and Conciliation Act 1996 (hereinafter referred to as 'the Act'), has been preferred by the plaintiffs, and is directed against part of the order dated 6-9-2000, passed by learned Subordinate Judge, IInd Court, Muzaffarpur, in Partition Suit No. 94 of 1981, (Bhupal Singh & Ors. v. Nagendra Narain Singh & Ors.), whereby the plaintiffs' application purported to be under Section 34 of the Act has been rejected.

(2.) The plaintiffs-appellants instituted the aforesaid suit for partition of family properties. The parties agreed to have the issues adjudicated through arbitration outside the Court through Panchnama and referred the dispute for decision by arbitration and award. Accordingly, the Arbitrator gave the award dated 21-5-1999, which was filed in the Court on 24-5-1999. The Court gave copies of the award to the parties on 4-6-1999. The plaintiffs filed an application before the Court in the Partition Suit, purported to be under Section 34 of the Act with the following prayer:

(3.) The defendants, who are the respondents herein, filed objections to the same and submitted that the plaintiffs' application be rejected. After hearing the parties, the plaintiffs' application dated 30-8-1999, has been rejected by one part of the order dated 6-9-2000, and impugned herein.