NATIONAL INSURANCE CO LTD Vs. SANTIBIR SINGH

JUDGEMENT

(1.) The important question arises for consideration in this appeal is as to whether the court under its inherent power can recall/set aside an order by which the Award of the Arbitrator is made Rule of the court without considering the objection filed under Section 30 of the Arbitration Act, 1940 (hereinafter to be referred to as "the Act" for short).

(2.) Before deciding this question it would be useful to state some relevant facts which resulted in passing of that order.

(3.) The plaintiff-respondent No. 2 filed an application under Section 20 of the Act before the Court of the Subordinate Judge, Palamu, against the defendants-appellants which was registered as Title Suit No. 72 of 1985. The learned court below ultimately referred the matter to the Arbitrator and latter after hearing the parties published the Award and filed the same in court. The appellant (defendant No. 2) filed his objection on 22-12-1986 under Section 30 of the Act challenging the validity of the Award. The learned court below passed an order dated 22-12-1986 adjourning the case to 6-1-1987 for hearing on the said objection. On 6-1-1987 the appellants could not appear, consequence thereupon the learned court below without considering the objection made the Award Rule of the court. The appellants thereafter on 5-2-1987 filed a petition under Order IX, Rule 13 of the Code of Civil Procedure for setting aside the ex pane order dated 6-1-1987 passed in Title Suit No. 72 of 1985. The said application was registered as Misc. Case No. 3 of 1987. The learned court below dismissed the said Misc. Case by the impugned order on the preliminary point that the petition was not maintainable as according to the learned court below the only course open to the appellants is to file an appeal before the High Court.