BRINDABAN CHANDRA PUTATUNDA Vs. KASHI CHANDRA PUTATUNDA

JUDGEMENT

(1.) These proceedings have arisen out of a suit in which the plaintiffs sought to have an award filed and judgment pronounced in terms of the award under the provisions of para. 21, Sch. 2, Civil P.C.

(2.) The plaintiffs case was that they and the defendants were five brothers. Owing to dispute between them in connection with their moveble and immovable properties, they unanimously nominated one Bepin Behari Putatunda as arbitrator to settle the disputes. Thereupon the arbitrator heard the parties, considered the evidence adduced by them and executed an award on 15 Agrahayan, 1338. It was duly pronounced and the plaintiffs asked for an order of the Court under para. 21, Sch. 2, Civil P.C., that a decree be passed in terms of the award.

(3.) On various grounds the parties appealed against this decree in the Court of appeal below; and there has also been an appeal to this Court. But under the provisions of para. 16 (2), Sch. 2, Civil P.C., no appeal lies from such a decree except in so far as the decree is in excess of, or not in accordance with, the award; and inasmuch as it does not appear that the decree was in excess of, or not in accordance with the award, no appeal lies, and in fact the appeal is not pressed. The appeal is, therefore, dismissed but without costs. In this connection, the appellants also have made an application in revision under Section 115, Civil P.C., on various grounds. In view of the findings of fact arrived at by the Court of appeal below, the only grounds in the petition for revision, which can be said to be of any substance, are (1) ground No. 5, i. e., that the learned District Judge acted illegally and with material irregularity in refusing to give effect to the solenamah, and (2) that the learned Judge acted without jurisdiction in filing the award inasmuch as it was unregistered, and therefore, under the provisions of Section 49 of the Registration Act, not admissible in evidence.