CHIMANBHAI KALYANBHAI Vs. KESHAVLAL BULAKHIDAS

JUDGEMENT

(1.) In this case there was a reference to arbitration in which an award was made. When an application was made to the Court to pass a decree in terms of the award, objections were taken to it on various grounds. The Judge framed three issues for preliminary trial: (1) Was the permission of the Court taken to refer this dispute to the arbitrator in this case so as to make the reference binding on the minor defendants on the record ? (2) If not, is the award, Exhibit 191, binding on the said minor defendants? Is the reference itself not bad if the first issue is held in the negative? (3) Is defendant, Dhansukhlal, not a major now ? Did he attain his majority pending the suit; if so, on what date?

(2.) It was found, that defendant Dhansukhlal became a major on 19 July 1920 pending the suit. The first two issues were found against the plaintiffs seeking for a decree on the award. The consequence was that the Court refused to pass a decree in terms of the award. The arbitration proceedings became a nullity and the suit had to proceed in the ordinary course.

(3.) From that order of the Judge an application has been made to us under Section 115 of the Code. A preliminary objection has been raised by the opponents that it is not competent to this Court in such a case to consider an application in revision. In Damodar V/s. Raghunath (1902) 26 Bom. 551 it was held that an order under Section 521 of the Code of LS82, setting aside an award made under Chapter XXXVII of the Code on, a reference to arbitration in the course of a suit, on the ground of the arbitrators misconduct, was not subject to revision under Section 622. The order complained of was interlocutory and, if erroneous, might form a ground of appeal against any decree that might be passed in the suit.