CONSERVATOR OF FOREST Vs. GURBACHAN SINGH

JUDGEMENT

(1.) This revision petition under Section 115, CPC is directed against the Order dated 9th December, 2003 passed by the learned Principal District Judge, Jammu in File No. 9/Execution, whereby the objection raised to the executability of the decree by the Judgment-debtors petitioners has been overruled.

(2.) The facts in brief are that in connection with Forest lease granted in favour of respondent-Forest Lessee in 1970, a dispute arose which was referred for adjudication through arbitration to the sole Arbitrator Shri Sohan Singh, Ex-Chief Conservator of Forest Jammu and Kashmir. The arbitrator, on the basis of material and evidence led by the parties to the dispute gave his award dated 12th October, 1990, which was filed in this Court for making it the rule of the Court. After receipt of the award from the Arbitrator, notices were issued to the parties on 1-11-1990. Notice on behalf of respondent was accepted by Mr. U. K. Jalali whereas notice was accepted on behalf of petitioners by Mr. M. S. Bhat, Advocate. Subsequently, objections were filed by Mr.M. S. Bhat but the same were held time barred and, therefore, the award was made rule of the Court by order dated 31 January, 1991. Appeal was filed against the order dated 31st January 1991 before a Division Bench of this Court. The Hon'ble Division Bench dismissed the appeal by its order dated 30th April 1991. An SLP was filed in the Supreme Court against the order of Division Bench. The Hon'ble Supreme Court by its order dated 22-10-1991 remanded the matter back to the High Court on a short point to consider the question whether Mr. M. S. Bhat, Advocate had appeared for the Government under the instructions of the Government and whether he apprised the Government of the proceedings. The parties were given liberty to adduce additional oral and documentary evidence in support of their contentions both on the first question and on other objections.

(3.) On remand, learned single Judge vide order dated 12-2-1999, held that objections filed were within time and consequently case was fixed for framing of issues on the merits of the case. However, vide order dated 3rd June 1999, learned single Judge on perusal of the objections filed by Mr. M. S. Bhat, found that objections did not spell out any ground so as to bring the said objections within the ambit of Sections 30 and 33 of the Jammu and Kashmir Arbitration Act. Consequently, learned single Judge did not feel inclined to interfere with the award and accordingly rejected the objections and made the award rule of the Court. Aggrieved by the order of learned single Judge, the petitioners filed an appeal before the Division Bench. The Hon'ble Division Bench also by its order dated 4th September, 2002 dismissed the appeal. The petitioners again filed an SLP before the Hon'ble Supreme Court. The Hon'ble Supreme Court by its order dated 7th July 2003 dismissed the SLP in terms of the following order :