BAVA MOHIDEEN ROWTHER Vs. PATHUMA GANI AMMAL

JUDGEMENT

(1.) This appeal has been filed against an order of the District Judge of East Tanjore dismissing an application purporting to be made under Secs.30 and 31 of the Arbitration Act.

(2.) The dispute between the parties relates to the administration of a trust. In O.S. No. 18 of 1941 on the file of the District Judge of East Tanjore, a compromise was arrived at and a decree was passed in its terms. According to Clause 13 of the compromise, there was a provision for reference to arbitration in the event of a dispute. A dispute did arise between the parties and a reference was made. An award was given and an application filed in the Court of the District Judge to pass a decree in terms of the award. The Court did so. The appellant then filed A.S. No. 449 of 1942, in this Court against the award and also C.R.P. No. 1702 of 1942. The regular appeal was dismissed on the ground that no appeal lay. The civil revision petition was dismissed on the ground that there was no error in the exercise of jurisdiction which warranted interference in revision. Having been unsuccessful in both his applications to this Court, the appellant then filed O.P. No. 72 of 1943 in the Court of the District Judge, the order on which is now under appeal. In that application he sought to re-agitate matters that had been raised in A.S. No. 449 of 1942 and C.R.P. No. 1702 of 1942. The Court held that they could not be gone into again and that the suit was too late, as it was filed long after the decree was passed.

(3.) It is argued here that time never began to run; for the time allowed for filing an application to set aside an award is 30 days from the serving of the notice, and no notice was ever given.