H GUL MOHD BHAT Vs. FATA BIBI

JUDGEMENT

(1.) THIS is an appeal against the order of the District Judge Srinagar dated 15 -9 -65 whereby he has refused an application of the defendant for the stay of a suit pending in his court.

(2.) THE respondent Mst. Fata Bibi brought a suit for partition and accounts against the present appellant in the court of the District Judge on 6 -8 -65. An application supported by an affidavit was presented by the present appellant on 13th August 65 before the learned District Judge purporting to be under S. 34 of the Arbitration Act for stay of proceedings in the above mentioned suit. The application stated that the parties had on 27th May 65 by means of an agreement of arbitration referred the entire dispute to the arbitration of H. Ghulam Ahmad s/o Ghulam Mohd. alias Malla r/o Safakadal Srinagar. The said arbitrator had entered on the reference in regard to the dispute. The petitioner was ready and willing to do all things necessary under the agreement for the proper conduct of the arbitration. This application was resisted by the plaintiff and ultimately the learned District Judge by means of his order under appeal refused to stay the suit.

(3.) WE have heard the arguments of the learned counsel for the parties. The argument of the learned counsel for the appellant is that on 27th May 1965 the parties had entered into an agreement for arbitration appointing H. Ghulam Ahmad as the arbitrator. Once an arbitration agreement was entered into, the authority of the appointed arbitrator could not be revoked except with the leave of the court. No proceedings for getting the authority of the said arbitrator revoked by a competent court had been taken by the respondent. Therefore the lower court was not right in refusing to stay the suit. The suit should have been stayed. In support of this contention the learned counsel referred to the following authorities: AIR 1951 pepsu 45: AIR 1950 Lah. 32; AIR 1955 Madh -B Si and (S. AIR 1955 SC 53.