BAIJNATH Vs. AHMED MUSAJI SALEJI

JUDGEMENT

(1.) The rules appear to be in conflict with the provisions of the Act, and to that extent are inoperative.

(2.) If the Court holds the rules are bad, and that an order should be made for filing the awards, the awards should be taken to be filed as of date, so that we may have an opportunity of raising our objections to the awards. Jenkins, C.J.

(3.) This appeal arises out of an application preferred as far back as the 11th of July 1908, whereby it was prayed that an order should be made that certain awards be filed in Court under the provisions of the Indian Arbitration Act of 1899. The respondent formulated his objections in an affidavit, but the principal ground on which the application failed before the learned Judge by whom it was heard in the first instance was that the whole proceedings in arbitration were ineffectual, because the submission was insufficiently stamped. We cannot accept that view. The parties have stamped their document in accordance with the practice which has been recognised by this Court for a long series of years, and we are not prepared to question that practice on the materials at present before us.