RAM SINGH Vs. RAM SINGH

JUDGEMENT

(1.) THIS revision petition under S.115 of the Civil P. C. is directed against the Judgment and decree dt. May 31, 1983 of the District Judge, Jodhpur passed in Civil Original Suit No. 231 of 1981.

(2.) A contract for construction of lower Kodra Dam at Mt. Abu, District Sirohi was granted to the petitioner. Agreement No. 217/70-71 was entered into between the parties. A dispute arose in respect of measurements, rates, items etc. and the matter was referred to the sole arbitration of non-petitioner No. 1 (Ram Singh) vide letter dt. Nov. 7, 1979 of non-petitioner No. 2 (State of Rajasthan through the Chief Engineer, P. H. E. D., Jaipur). The reference was made to the sole arbitration in accordance with Cl.23 of the aforesaid agreement. The Arbitrator gave the award on Nov. 7, 1981 at Jodhpur in the presence of both the parties and it was signed. The material portion of the award with which I am concerned in this revision petition is as under :

(3.) I have heard Mr. M. C. Bhoot, learned counsel for the petitioner and Mr. Rajendra Vyas, learned Deputy Government Advocate.