(1.) This civil revision arises from order dated 6.2.97 passed by the 1st Subordinate Judge, Patna, in Misc. Case No. 45 of 1995. By the said order the application filed by the Petitioners under sections 14 and 17 of the Arbitration Act ('The Act' in short) for making the award of the Arbitrator rule of the Court has been rejected as time barred. The facts so far as relevant in this civil revision are as follows.
(2.) The parties entered into an agreement for the development of a piece of land measuring 29.15 kathas situate on Fraser Road in the town of Patna on 29.8.88. The dispute which cropped up between the parties later was referred to the arbitration of a retired Judge of this Court. On 14.3.95 the Arbitrator sent the award to the parties. On 9.7.95 he sent another communication informing the parties that the award has been made and signed by him. According to the Petitioners, they received the said letter/notice dated 9.7.95 on 11.7.95 On 7.8.95 they filed application under sections 14 and 17 of the Act in the court of the 1st Subordinate Judge, Patna, to call for the award from the Arbitrator and make the same rule of the Court. On 12.7.96 the Arbitrator filed the Award in court. On the same day opposite party No. 1 filed application stating that the application filed by the Petitioners under sections 14 and 17 was barred by limitation. The Petitioners filed rejoinder. On 7.8.96 opposite party filed objection to the award under Sections 30 and 33 of the Arbitration Act. The Petitioners filed a separate rejoinder to the objection. On 8.2.97, by the impugned order, the court below dismissed the aforesaid application under Sections 14 and 17 of the Act, which had been registered as Misc. Case No. 45 of 1995, as time barred.
(3.) The court below has held that in terms of Article 119(a) of the Limitation Act, 1963, an application for filing, an award in Court is to be filed within 30 days from the date of service of the notice of the making of the award. In the present case, the Petitioners had received notice of the making of the award and, indeed, a copy of the award itself on 14.3.95. The application filed by them on 7.8.95 to call for the award from the arbitrator and make the same rule of the Court under Sections 14 and 17 of the Act was therefore time barred.