FULMANI DEVI Vs. SHEO GOVIND PRASAD

JUDGEMENT

(1.) THIS Miscellaneous Appeal arises out an order dated 5-5-1979 passed by the Subordinate Judge, Bhabhua in Title Suit No. 58 of 1974 by which he made the award a rule of the Court.

(2.) IT is undisputed that certain dispute cropped up between three sets of persons, namely, appellants of this Miscellaneous Appeal, respondent Sheogovind Prasad Agrawal as also respondent Dinesh Chandra and others. IT is undisputed that in respect of some of these disputes, civil and criminal litigations were pending between the parties. There was an agreement between the three parties to refer the disputes existing between them, outside the Court and without intervention of the Court, to five panchas arrayed as opposite party set in Title Suit No. 58 of 1974 and a registered deed of reference dated 9-11-1971 came into being. The panchas could not submit the award in time and time for giving the award was extended. Ultimately, the panchas delivered their award on 7-11-1972 and registered the same on 5-12-1972.

(3.) LEARNED counsel for the appellants raised the following five contentions :