CHHOTU KHAN Vs. JEEWAN KHAN

JUDGEMENT

(1.) THE dispute in this case lies in a very narrow compass. THE parties had referred their dispute to the arbitrators. THE arbitrators after hearing the parties, made their award, pronounced and signed it in the presence of the partres on 11-2-1973 and also obtained the signatures of the parties on the award. THEreafter a notice of the making and signing of the award Under Section 14 (1) of the Arbitration Act was issued by the arbitrators on 19-5-1973 and it was received by Chhptu Khan and others, the present appellants on 255-1973. On 2-7-1973. Chhotu Khan and others filed an application before the court of the learned District Judge. Bikaner praying that the arbitrators may be directed' to file the award and a decree in terms of the award may be passed with costs. This application was opposed by the respondents-non-applicants Jeewan Khan and others on the ground that it was barred by time under Article 119 of the Limitation Act. THE learned District Judge after hearing the parties, accepted this objection and rejected the appellants' application as being barred by time by his order dated 22-7-1974. It is against this order that the present appeal has ' been filed by Chhotu Khan and others.

(2.) I have heard the learned counsel for the parties and have gone through the record.

(3.) K. Moinuddin's case (AIR 1971 Andh Pra 3181 (suora) relied upon by the learned District Judge is again a case where copy of the award had been given to the parties at the time the award was made and signed by the arbitrators and, therefore, this also is quite distinguishable from the present case.