KONDI RAVJI FADTARE Vs. CHUNILAL RUPCHAND MARWADI

JUDGEMENT

(1.) In this case the plaintiff sued to obtain a declaration that the decree obtained on an award filed in the Court of the First Class Subordinate Judge of Poona was unauthorized, null and void.

(2.) The main ground on which he asked for this relief was that there never was a reference to arbitration with his knowledge or consent, that he knew nothing about the alleged arbitration, and that the award was, in fact, a forged document, and, therefore, null and void. He admitted that he made his thumb impressions on some papers, so that there might be those thumb- impressions on documents connected with this alleged arbitration and what purports to be his application to file the award; but he says that he is an illiterate agriculturist and really made such thumb-impressions on papers delivered to his pleader in connection with a suit that he had brought in the Court of the Subordinate Judge of Saswad.

(3.) The defendant contended that all these allegations about the fraudulent nature of the award were false, and that the decree on the basis of the award was passed in the presence of the plaintiff himself in Court and with his knowledge and consent.