INDER JEET GUPTA Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) THIS is an appeal against the judgment dated 14 -10 -1965 of the learned District Judge, Jammu, upholding the award dated 13th September 1965 given by the Chief Engineer, Irrigation Department Jammu and Kashmir as an arbitrator in a dispute which arose between the appellant on the one hand and the Divisional Engineer, Kathua, on the other in connection with the execution of a protection bund at a Davak Vijapur. The arbitrator having rejected the claim of the appellant in respect of the carriage of boupers and shingle, the appellant filed an application before the District Judge Jammu for setting aside the award or in the alternative for remitting the same for being reconsidered by the arbitrator, which was dismissed by the District Judge, Jammu vide his order referred to above. Aggrieved by the rejection of his aforesaid application, by the learned District Judge, Jammu, the appellant has come up in appeal to this court.

(2.) THE only point urged in this appeal by Mr. Ishwer Singh appearing for the appellant is that the award suffers from an error apparent on the face of it and could not be made a rule of the court as it overlooks certain admission made in favour of the appellant by the Assistant Engineer and the Executive Engineer in the course of some correspondence.

(3.) THE expression "error on the face of the record" has been the subject matter of examination by various High Courts of India, including ours, as also by the Honble Supreme Court of India. In their latest judgment in firm Madanlal Roshanlal v/s Hukumchand Mills reported in A.IR. 1967, SC. 1030 their Lordships of the Supreme Court held as follows: -