GURPADAPPA DODAPPA HASIBI Vs. KARVEERAPPA KULKARNI

JUDGEMENT

(1.) This is an appeal from the decision of the First Class Subordinate Judge of Dharwar. It appears that on April 24, 1931, a decree was made in favour of the plaintiff for Rs. 9,000 payable by annual instalments of Rs. 1,500, the first instalment being due on July 31, 1931, and there was a default clause making the whole amount payable, if default was made in payment of any one instalment. Then the amount due was charged on certain immoveable property of the defendants. That decree was passed on an award made in arbitration proceedings between the parties. Default was made under the decree, and, thereupon, the plaintiff filed a darkhast asking for execution by sale of the property charged. The learned Subordinate Judge decreed execution and directed issue of sale proclamation and warrant, and from that order this appeal is brought.

(2.) It is said, in the first place, that the learned Subordinate Judge was wrong in not granting to the appellant an adjournment in order to enable him to prove that he was an agriculturist. He asked for an adjournment on the ground that his wife was ill and produced a medical certificate. He had already had one adjournment on the ground that he wanted to engage another pleader, and a second adjournment on the ground that he was ill himself, and I am not surprised that the learned Subordinate Judge refused to grant him a third adjournment. There is no substance in that point.

(3.) The second point is that the decree is bad because the award on which it was founded required registration under the Indian Registration Act. It is, I think, doubtful whether the award did in fact require registration. But, assuming that it did, the point that it was not registered should have been taken at the hearing, and the decree resisted on that ground. The decree having been passed, it is, in my opinion, not open to the defendant in execution proceedings to allege that the decree was founded on evidence which ought not to have been admitted. I think, therefore, that there is nothing in that point.