PARMESHWAR YADAV Vs. MISRI LAL YADAV

JUDGEMENT

(1.) THIS is an application in revision bv the defendants challenging the order of the learned Munsif who has accepted the award and passed a Judgment according to the same in the following circumstances.

(2.) A title suit for declaration of title and recovery of possession with respect to certain lands was filed bv the plaintiff-opposite party in the Court of the Second Munsif at Monghvr. With consent of the parties the dispute was referred to some arbitrators bv order dated 3-9-1965 and the award was filed in Court on 4-6-1966 by them. It was not a date fixed in the suit. On 6-7-1966, the date fixed in the suit, the learned Munsif without having earlier issued any notice to either of the parties of the filing of the award, directed them to file objections, if any, to the award bv 18-7-1966, On that date, as no abjection was filed to the award, he confirmed the award and directed to make the same a rule of the Court. Against the above order an appeal was filed by the defendants before the District Judge. Monghvr who allowed the same. The plaintiff thereupon filed a second appeal bearing No. 83 of 1968 in this Court against the above decision and a Bench of this Court allowed the second appeal and set aside the Judgment of the District Judge on the ground that the appeal before him was incompetent. The defendants thereafter have filed the present revision application against the order of the learned Munsif dated the 18th of July. 1966.

(3.) HAVING examined the facts of the present case and on hearing learned counsel for the parties I am satisfied that the contention raised by Mr. Kaushal Kishore Sinha has no force and must be rejected. The learned Munsif has committed a material irregularity in exercise of his jurisdiction in passing the order dated the 18th of July. 1966. I would, therefore, set aside the order. The learned Munsif is directed to dispose of the title suit afresh in accordance with law after giving the parties a fresh opportunity of filing objections, if anv. to the award, This application in revision is accordingly allowed withcosts. Hearing fee Rs. 64/-only.