CHIRAGUDDIN Vs. LUQMAN AND ORS.

JUDGEMENT

(1.) THIS appeal of plaintiff Chiraguddin is directed against the judgment of the learned Single judge setting aside the award given by the sole arbitrator Amin. The facts giving rise to this litigation may in a nut shall be placed below.

(2.) A suit was filed by Chiraguddin against the respondents. That suit was decreed by the trial court. The respondents filed an appeal against that decree and the judgment of the trial court, in this Court. During the course of pendency of the appeal the parties agreed to refer the matter to the sole arbitrator Amin, who has been the real brother of Chiraguddin and the cousin of respondents Luqman, Qasim and Abdullah. It, may be mentioned here that Amin appeared in the trial as a witness on behalf of the defendants. Since the entire arguments of the parties are centered round the interpretation of the deed of reference, it, will be worth while to reproduced the relevant language of that deed whereby the parties choose to refer the matter for arbitration to Amin, in the deed of reference it was mentioned.

(3.) THE learned judge, while setting aside the award observed: