MAKESHWAR MISRA Vs. LALITESHWAR PRASAD SINGH

JUDGEMENT

(1.) THIS appeal has been referred to this Full Bench for hearing, in pursuance of an order passed by a Division Bench of this Court on the 3rd January, 1966 to the effect that in view of certain conflicting decisions of this Court, it is desirable that the question involved in the case should be finally resolved by a larger Bench.

(2.) THE appeal has been filed by Makeshwar Misra, who was opposite party No. 1 to an application filed by Sureshwar Prasad Singh under Section 14(2) of the Arbitration Act, 1940(10 of 1940). Originally Sureshwar Prasad Singh was respondent No. 1 to this appeal, and, after his death, he is being represented by Ms heirs and legal representatives, who have been substituted in his place. From the records of the case, it appears that Sureshwar Prasad Singh has been described as the plaintiff and Makeshwar Misra as defendant first party, and, therefore, I shall refer to Sureshwar Prasad Singh as the plaintiff and Makeshwar Misra as defendant No. 1.

(3.) THE learned Munsif decided all the points in favour of defendant No. 1. With respect to the plaintiff's allegation of the deposits amounting to Rs. 3,500 it was held that no such deposits had been made with defendant No. 1. THE plaintiff's case about the execution of the deed of reference by defendant No. 1 was not accepted. THE alleged arbitration proceedings were not accepted as true. It was held that all the arbitrators had perjured themselves in supporting the plaintiffs case. A question of limitation had also been agitated; but it was decided against the plaintiff on the ground that, as the award was not a genuine document, the defendant's objection was not barred by limitation under article 158 of the Indian Limitation Act. Thus, it was held that the plaintiff was not entitled to any relief claimed by him, and the suit was dismissed.