RABINDRA NATH CHAKRAVARTHI Vs. JNANENDRA MOHAN BHADURI

JUDGEMENT

(1.) This is an appeal by a decree-Holder from an order upholding the judgment-debtors objection under Section 47, Civil Procedure Code, and dismissing the application for execution. The Court below has held that the decree sought to be executed was passed without jurisdiction and was, therefore, a nullity.

(2.) Disputes having arisen over the provisions of a will left by one Rajendra Lal Goswami, which was proved on 19 December, 1917, there was an arbitration held by the late Mr. B. Chakravarti under the Arbitration Act, and Mr. Chakravarti made his award on 29 July, 1918. On the award being filed there were two petitions filed by the parties before the Court, the original side of the High Court, containing certain terms of settlement amongst themselves, in accordance with which the parties wanted the award to be varied. The learned Judge sitting on the original side thereupon mad a decree in which it was declared that, the said award as modified by the terms of settlement ought to be carried into effect," and he "ordered and decreed accordingly.

(3.) This is the decree which forms the subject matter of the present execution.