HEMRAJ Vs. SURAJMAL

JUDGEMENT

(1.) THIS is a revision application under Section 115 of the Code of Civil Procedure by one Hemraj challenging the order dated 10th January, 1970 passed by the additional District Judge, Ajmer in Civil Suit No. 2/69 by which his application dated 12th May, 1969 under Section 151 of the Code of Civil Procedure was dismissed.

(2.) THE petitioner purchased a house situate in the City of Ajmer for Rs. 20,000/non-petitioners Nos. 1 and 2 Surajmal and his mother Smt. Gulab Bai claimed this house by way of pre-emption. With a view to settle the claim out of the Court, the parties agreed to make a reference to arbitration. They mutually agreed to appoint shri Manakchand Sogani Advocate, non-petitioner No. 3, Shri Kistoorchand jhanwar Advocate, non-petitioner No. 4 and Shri Mukandram Garg, Advocate, non-petitioner No. 5 as arbitrators. The dispute was referred to the arbitrators and the arbitrators gave their award on 2nd November, 1968, The arbitrators by an application dated 2nd December, 1968 submitted the award in the Court of additional District Judge, Ajmer along with the proceedings drawn by them asking the Court to make the award a rule of the Court. The case was registered as Civil suit No. 2/69. Notices were ordered to be issued to the parties.

(3.) THEIR Lordships further observed in para 9 as follows:-