MUTHUKARUPPA KONE Vs. VEERABHADRA KONE

JUDGEMENT

(1.) I am satisfied on a perusal of the 6th paragraph of the plaint and the recital in the plaint about the date of the cause of action that this suit is based on the award (Exhibit E).

(2.) The learned District Munsif did not raise the most material issue in such a case, namely, whether the award was invalid owing to the misconduct of the arbitrators. He raised three other questions and fell into two serious errors in deciding those questions. He held that the suit was barred by limitation because no application was made within six months of the award to have it filed in Court. A suit lies on an award even though it has not been filed in Court [See Rani Bhagoti v. Rani Chandan 11 C. 386 : 12 I.A. 67 : 4 Sar. P.C.J. 624 : 9 Ind. Jur. 320 and Ghulam Khan v. Muhammad Hassan 29 C. 167 : 12 M.L.J. 77 : 29 I.A. 51 (P.C.) : 6 C.W.N. 226 : 4 Bom. L.R. 161 : 25 P.R. 1902.

(3.) The learned Munsif further held that the award was in the nature of a judgment of a foreign Court and he was, therefore, entitled to go into the merits of the award. He was clearly in error in that point also.