GAYATRI DEVI Vs. BASANTI DEVI

JUDGEMENT

(1.) Heard the parties.

(2.) A brief background of the facts leading to filing of this civil appeal is that both sides are agnates. There were two full brothers Narsingh Narain Prasad and Haribansh Narain Prasad. Appellant is sole daughter of Narsingh Narain Prasad and the respondents are descendants of Haribansh Narain Prasad.

(3.) The case of the respondents is that there was property dispute between the parties and with written consent of the parties, the matter was referred for arbitration on 13/11/1991 before seven arbitrators. The reference is signed by the parties vide Annexure-A to the counter affidavit. The arbitrator passed its award on 5/3/1992 which is said to be signed by the husband of the appellant vide Annexure-C to the counter affidavit. On 15/9/1992, Suryamani Devi wife of Haribansh Narain Prasad filed Misc. Case No.08 of 1992 before the learned Subordinate Judge under Sec. 14 of the Arbitration Act, 1940 to make the award Rule of the Court. In the miscellaneous case, the appellant was noticed and by order dtd. 5/2/1994, the award was made Rule of the Court. On the same day, the appellant filed a petition vide Annexure-2 to the memo of appeal before the learned court below to recall the order and dismiss the miscellaneous application on different grounds including on the ground that the paper of reference of the matter to arbitration is not signed by the appellant, everything has been cooked up. Even the factum of appointment of umpire is wrong. Thereafter, by order dtd. 9/3/1994, the learned court below recalled the order dtd. 5/2/1994. When the proceeding was pending before the learned Sub Judge, on 21/11/2000, the appellant filed a time petition and the learned court below adjourned the matter for filing of counter affidavit by the appellant till 16/12/2000. On 16/12/2000, the parties were appearing in the matter, however, again the matter was adjourned for filing of the counter affidavit till 6/1/2001.