MOHAMMAD TAHSIN KHAN Vs. SETH BASANT RAI

JUDGEMENT

(1.) This and the connected application for revision hang and fall together. Seth Jaswant Rai had instituted a suit against Nawabzada Mohammad Ejaz Ali Khan and others. This suit was referred to the arbitration of Khan Bahadur Syed Abdul Hasan, a retired Judge of these provinces. He pronounced an award in favour of the plaintiff and the said award was filed in Court on 13 July 1928.

(2.) Art. 158, Lim. Act, provides that an application to set aside an award should bo made within ten days from the time when the award is filed in Court and notice of the filing has been given to the parties.

(3.) On 13 July 1928 the learned Subordinate Judge directed that notice of the award should be given to the opposite party. The direction to issue a notice, however, is not equivalent either to the issue of the notice or of giving of the notice to the parties concerned. A registered post card intimating that an award has been filed on 13 July 1928 appears to have been received by Nawabzada Mohammad Ejaz Ali Khan and his pleader on 16 July 1928. The pleader for Mohammad Tahsin Ali Khan signed the order-sheet on 14 July 1928 in acknowledgment of the fact that he had received a notice that the award had been filed on 13 July 1928.