RAJA RAM Vs. GOPI NATH

JUDGEMENT

(1.) This is a civil revision from an order superseding an arbitration. A suit was brought on the basis of a mortgage deed executed in favour of the deceased father of the plaintiff and certain pro-forma defendants who were minors. They were represented by their mother as their guardian and l item. Ultimately the plaintiff applied to the Court to exempt these minor defendants from the suit and in concurrence with the defendants submitted the dispute to arbitration. There were controversial questions of fact involved in the case. The arbitrator held that the plaintiff's father was a mere benamidar and that the real owner of the mortgage deed had been paid the amount due on the mortgage. He accordingly dismissed the suit.

(2.) An application was filed on behalf of the minor defendants praying that inasmuch as they were necessary parties to the suit they should not have been exempted from the suit and that the award without their consent-was invalid. The lower Court has acceded to this contention.

(3.) There is no doubt that the setting aside of the award and the supersession of the arbitration proceeding amounted to a termination of one proceeding in the suit, and that revision under Section 115 is entertainable because the case has been decided within the meaning of that section.