JNANENDRA MOHAN BHADURI Vs. SMANNAPURNA DEBI

JUDGEMENT

(1.) This is an appeal from an order male by Mr. Justice Greaves upon a motion on notice, dated the 12 of July 1926 headed. "In the matter of an arbitration and in the matter of the state of Babu Eajendra Lal Goswami." It appears that Rajendra Lal Goswami died in August 1917 and that he left a Will which was proved on the 19 of December of that year. By that Will be left various items of immovable property to various persons and made very complicated provision for the discharge of certain monies which were owing by him more particularly to persons who had money with him on deposit. Disputes and complications having arisen, there was an arbitration under the Indian Arbitration Act by Mr. Byomkesh Chakravarti. He filed, his award which is dated the 29 of July 1918.

(2.) Now, according to the procedure provided under the Indian Arbitration Act that award when filed could be challenged under the Act on various grounds, but if it was upheld by the Court as a good award, the position was that the award would remain filed in Court, and, by the terms of the fifteenth section of the Indian Arbitration Act, it would be enforceable as if it were a decree of the Court; in other words, although it was not a decree and not a judgment of the Court, execution could be taken out on it in the same manner as though it were a decree. What happened, in fact, was that that procedure was ignored entirely and a decree was pronounced by Mr. Justice Chaudhuri to the effect that this Court being of opinion that it would be for the benefit of the said infant respondent Rabindra Nath Chakravarti the following decree should be made : And the adult parties having agreed to the terms of settlement set forth in Schedules B and C it is declared by consent that the said award as modified by the said terms of settlement ought to be carried into effect and the same is ordered and decreed accordingly.

(3.) It may perhaps be desirable to explain that the award was attacked as invalid before the learned Judge. That was a matter over which the learned Judge had jurisdiction. It was within his power to decide whether the award was a good award or a bad award. That controversy was settled by agreement, and with certain modifications agreed upon, the parties were prepared to treat the award, as a good one. I will assume, therefore, that it was possible and reasonable for the learned Judge acting under the Indian Arbitration Act to say that the award being modified by consent of the parties should stand as a good award : and if he had done that and filed it with the modifications I will assume that execution upon the award with the modifications would have been quite in order.