BASDEO SINGH Vs. RAM RAJ SINGH

JUDGEMENT

(1.) This second appeal and the connected civil revision are inter-dependent and proceed upon common grounds.

(2.) On 29 November 1928, Ram Raj Singh, Ram Deo Singh and Mt. Parkali instituted a suit against Basdeo Singh for a declaration of title to certain property situate in village Rajwari and for the cancellation of an award, dated 17th September 1928 made by Raghunandan Singh and others consequent upon an agreement of reference to arbitration, dated 2nd Juno 1928. The plaintiffs alleged that the agreement of reference was vitiated by fraud and that the award was not binding upon them. This suit was registered as No. 688 of 1928 in the Court of the Havali Munsif of Benares City. Basdeo Singh filed a written statement on 22nd January 1929 which amounted to a traverse of all the materials facts whereon the claim was founded.

(3.) On 25 January 1929 Basdeo Singh presented an application in the same Court under para. 20, Section 2, Civil P.C., and prayed that the award, dated 17th September 1928, be filed and that a decree be passed in accordance therewith. This application which was subsequently registered as Suit No. 46 of 1929 was directed against Ram Raj Singh and Ram Deo Singh. Mt. Parkali was no party to it. She appears to have been omitted from the array of defendants presumably on the ground that she had no interest in the subject matter in dispute. Sam Raj Singh and Ram Deo Singh filed a written statement on 15 February 1929. The grounds of attack in Suit No. 688 of 1928 constituted, in substance, the grounds of defence in this proceeding.