SHEO NARAIN Vs. BALA RAO

JUDGEMENT

(1.) This is an appeal by one Sheo Narain defendant in Suit No. 21 of 1929 of the Court of the Subordinate Judge of Jhansi. Sheo Narain and Bala Rao respondents were sons of one Ganesh. Ganesh died leaving considerable property. There was a dispute between his two sons as regards their share in the said property. Mt. Dulari is the widowed aunt of Ganesh. She claimed a right of maintenance.

(2.) The dispute between Bala Rao and Sheo Narain reached such an acute stage that the police sent up a complaint against them in the Court of the Magistrate recommending that they should be bound over under Section 107, Criminal P.C. During the pendency of the proceedings against them under Section 107, Criminal P.C. two agreements were entered into between Bala Rao and Sheo Narain on 13 September 1928, under which they agreed that their disputes should be referred to the arbitration of a board of arbitrators consisting of seven persons. Mt. Dulari joined in one of these agreements. On 17 October 1928, Sheo Narain gave a registered notice to each one of the seven arbitrators intimating that he had revoked the agreement of reference and that the arbitrators therefore should not proceed to make an award. On 23 January 1929, Bala Rao, by way of a counter move applied in the Court of the Subordinate Judge of Jhansi under Schedule 2, para. 17, Civil P.C. that the agreements, dated 13 September 1928, be filed in Court. On 6 April 1929, the arbitrators delivered an award. Thereupon Bala Rao withdrew his application dated 23 January 1929 and presented an application on 27 June 1929 under Schedule 2, para. 20, Civil P.C. that the award be filed in Court. This application was numbered and registered as Suit No. 21 of 1929 in the Court of the Subordinate Judge of Jhansi. Notice of this application was served upon Sheo Narain, who contested the application upon various grounds which are to be found in his petitions dated 50 July 1929 and the 8 August 1929. Only some of his objections are material for the purpose of the appeal before us. The learned Subordinate Judge dismissed the objections of Sheo Narain, upheld the award and directed that a decree be framed in terms of the award. This order of the Subordinate Judge has been challenged in appeal before us by Sheo Narain, and three points have been argued.

(3.) It has been contended that Sheo Narain had revoked the reference by registered notices, dated 17 October 1928 and that as the result of the said revocation, the arbitrators were functus officio on 6 April 1929 when they delivered the award. It is a settled rule of law that if; is not open to a party to an agreement of reference to revoke the submission to arbitration except for good cause and that a mere arbitrary revocation of the authority is not permitted :" Pestonjee Nussurwanjee V/s. Manokhjee & Co. [1868] 12 M.I.A. 112, Bansi Dhar v. Sital Pershad [1906] 29 All. 13 and Bam Chandra Pal V/s. Krishan Lal Pal [1912] 17 I.C. 600. The ground on which the agreements were sought to be revoked was that one of the arbitrators, namely Gayadin, had figured as a witness for the prosecution in the case under Section 107, Criminal P.C. This was no ground at all for reasiling from the agreements. Where parties have once agreed to a submission to arbitration, the agreement is binding and enforceable and cannot be annulled except for some such reason as that the agreement had been obtained by fraud, coercion or undue influence. It is opposed to all legal principles to allow a party to the agreement to revoke it at his sweet will and pleasure. We hold that the plea put forward by Sheo Narain did not put an end to the agreement of reference and that the award was properly made.