HAR PRASAD Vs. (FIRM) BHAGWATI PRASAD RAM SARUP

JUDGEMENT

(1.) This is an application by the defendants in our revisional jurisdiction asking us to interfere with an order of the learned Munsif of Allahabad by which he refused to entertain an objection against an award.

(2.) The facts of the case will have to be stated in some detail because the case has been argued at great length and very ably on both sides. The respondents who are a firm brought a suit against two persons named Har Prasad and Banwari Lal and described them as the owners of a certain firm. The suit was for the recovery of damages for breach of contract entered into by the two firms.

(3.) The summons that was issued to Har Prasad and Banwari Lal was taken by one Mathra Prasad, one of the 5 sons of Har Prasad. Mathra Prasad filed a written statement purporting to be on behalf of the firm and he signed it as the malik of the firm. Later on the case was referred to arbitration at the instance of the plaintiffs and Mathra Prasad acting through his counsel. An award was arrived at which was partially in favour of both the parties. After the award was made an exception was taken to the award on the ground that Mathra Prasad was not authorised in law to submit the matter in dispute to arbitration on behalf of Har Prasad and Banwari Lal.