LAWS(PAT)-1956-11-6

BASANT LAL Vs. SURENDRA PRASAD

Decided On November 16, 1956
BASANT LAL Appellant
V/S
SURENDRA PRASAD Respondents

JUDGEMENT

(1.) THE sole question for determination, in this Letters Patent Appeal, against the judgment of Mr., Justice Ratikant Ghoudhary is Can an application, under Section 33 of the Arbitration Act (Act X of 1940), by a person alleged to be a party to an arbitration agreement, for declaration of its non-existence, on the ground that it was fabricated, and, he was no party to it, after the award on its. oasis, was merged into the judgment and-decree of the Court, passed under Section 17 of the Act, be maintained ?

(2.) IN order to answer this question, it is necessary, at first, to decide some preliminary, but basic, questions, on the determination of which alone would depend the correct answer to the principal question posed by me.

(3.) IF the arbitration agreement is found to be non-existent, and the objector to be no party to it, do the ex parte award based on such a reference, and, the judgment and decree, passed on the basis of such an award, under Section 17 of the Act, bind him ?