KHAN ALI SHAH Vs. BAKHSHI ABDUL MAJID

JUDGEMENT

(1.) THIS appeal is directed, against an order of a learned Single Judge of this court, superseding a reference of the disputes in a suit to an arbitrator and recommencing the trial of the suit himself. The circumstances which have led to the filing of the appeal may be recounted as below: -

(2.) TWO suits Nos. 58 of 1966 and 67 of 1970 were pending in the High Court which were being tried by a single judge of the court on its original side. On October 23, 1970, the parties to the suit agreed to get their disputes settled through arbitration and nominated J. N. Bhat J, who was then a judge of this court as their sole arbitrator. The learned Single Judge vide his order dated October 23, 1970, made a reference accordingly. The arbitrator entered upon the reference and also took some proceedings in the matter. On January 18, 1973 however, the arbitrator sent a written communication to the court expressing his inability to proceed further in the matter for certain reasons. On receipt of the said communication the learned Single Judge issued notices, to the parties. As the parties were not willing to fill up the vacancy caused by the refusal of the arbitrator to act in the matter, the learned Single Judge placing reliance upon a Full Bench judgment of the Allahabad High Court in Mangal Prasad V. Lachman Prasad AIR 1954 Allahabad, 108 superseded the reference and decided to try the cases himself vide his order dated June 14, 1974. It is this order which has been assailed in this appeal.

(3.) WE have heard learned counsel for the parties and have also carefully gone through the record.