RAM NARAIN ROY Vs. BAIJ NATH MALLA

JUDGEMENT

(1.) This case comes before me under Section 575 of the Civil Procedure Code by reason of a difference of opinion between Mr. Justice Rampini and Mr. Justice Gupta.

(2.) The suit was a suit for recovery of a small amount of rent. The parties went to arbitration: the arbitrators made their award and submitted their decision on the 26 July 1899. On the 7 of August 1899, the defendant presented a petition asking to have the award set aside on various allegations and those allegations, if true, amount to serious misconduct on the part of the arbitrators.

(3.) The Munsif held that the applicant was out of time. Then there was an appeal to the Subordinate Judge, who held that he was in time and remanded the application to be tried out on the merits. There was then an appeal to this Court with the difference of opinion to which I have referred.