CHANBASAPPA GURUSHANTAPPA HIREMATH Vs. BASLINGAYYA GOKURNAYA HIREMATH

JUDGEMENT

(1.) The question submitted to this Full Bench runs :- Where in a suit parties have referred their differences to arbitration without an order of the Court and an award is made, can a decree in terms of the award he passed by the Court under Order XXIII, Rule 3, or otherwise?

(2.) The referring judgment further states that it is to be understood in answering this question that no point arises here to the effect that subsequently to the award, the parties agreed to treat the award as an agreement or compromise of their claims. Nothing of that sort happened. That being so, we have to consider the question under two headings, viz., (a) a decree passed under Order XXIII, Rule 3, and (6) a decree passed "otherwise".

(3.) Turning first to Order XXIII, Rule 3, that runs as follows :- Where it is proved to the satisfaction of the Court that a suit has been, adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject-matter of the suit, the Court shall order such agreement, compromise or satisfaction to be recorded, and shall pass a decree in accordance therewith so far as it relates to the suit.