DEWARAM TEWARI Vs. HARINARAIN TEWARI

JUDGEMENT

(1.) This is an appeal by a defendant who is aggrieved by the order of the Additional Subordinate Judge of Hazaribagh dated 23-7-1945, by which he has granted a modified decree to the respondents on the basis of an award made without the intervention of the Court.

(2.) A number of objections were taken on behalf of the appellant in the Court below as to the validity of the award including the objection that the award could not be enforced as it was not registered. The Subordinate Judge has overruled all these objections, and the only objection which has been seriously pressed before us by Mr. B.C. De on behalf of the appellant is as to the non-registration of the award.

(3.) The learned Subordinate Judge dealt with this objection in Order No. 18 which he passed on 9-7-1945 wherein he says that by Section 32, Arbitration Act of 1940, the award is receivable in evidence and that the provisions of the Registration Act cannot apply, otherwise how could.the Court consider whether or not the award was validly made?