PANNA DEVI Vs. KARAMDEO SINGH

JUDGEMENT

(1.) THIS appeal has been filed by defendants no.2 &nd 3 challenging decree passed in Title Suit No. 346 of 1973 in terms of the Award given by the Arbitrators on 25.2.1973.

(2.) THE short facts are that on 8.11.1972 the parties entered into an agreement to refer their disputes for arbitration. Pursuant to the aforesaid agreement the matter was referred to the Arbitrator who, upon receipt of the reference, entered into the arbitration proceeding and upon its conclusion gave their Award on 25.2.1973. On 17.4.1973 an application under section 14(2) of the Arbitration Act (hereinafter referred to as the Act) was filed by the respondents along with a copy of Award for making the same rule of the Court. On 8.6.1973 notices of filing the Award were served upon defendants no. 2 and 3 and pursuant thereto they entered appearance on 17.8.1973. Thereafter, on 18.12.1973 defendants no.2 and 3 filed objection under section 30 of the Act. By order dated 1.3.1974 the trial court rejected the objection on the ground that the same was barred by limitation and directed the Award to be made rule of the Court.

(3.) AFTER remand, the Arbitrators got the Award registered and filed the same in the court below on 18.11.1978. Thereafter, on 16.12.1978 the court below, in accordance with the aforesaid direction of this court, ordered for issuing notices to the defendants in relation to filing of the registered Award to enable them to file objection, if any, meaning thereby objection under section 30 of the Act. The said notices were served upon the defendants, including the appellants, who were defendants no.2 and 3 on 31.12.1978. Pursuant to service of notice these defendants entered appearance on 6.1.1979 and, thereafter on 24.1.1970 they filed objection under section 30 of the Act. The trial court by its order dated 9.7.1979 rejected the objection as barred by limitation as in its opinion notices of the Award shall be deemed to have been served upon the defendants on 8.6.1973.