PENMETCHA SUBBARAJU Vs. PENMETCHA VENKATRAMARAJU

JUDGEMENT

(1.) The question referred to us for decision is Where in a suit parties have referred their difference to arbitration without an order of the Court and an award is made, can a decree in terms of the award be passed by the Court under Order 23, Rule 3, or otherwise, the parties not accepting the award?

(2.) This question has frequently come up for decision in this Court and has almost invariably been answered in the affirmative.

(3.) In Nanjappa V/s. Nanjappa Rao it was held that an award in such circumstances was a lawful agreement, compromise and adjustment within the meaning of Section 375 of the Civil Procedure Code, 1882, which is the section corresponding to Order 23, Rule 3. In that case the previous decisions of this Court were referred to and followed. The subsequent cases in which the decision was under the Code of 1908 have held that Order 23, Rule 3 can be applied in. such circumstances. Chinna Venkatasami Naicken V/s. Venkatasami Naicken (1919) I.L.R. 42 M. 625 : 36 M.L.J. 291, Belagoduhal Virabadra Gowd V/s. Kalyani Gangamma (1926) 97 I.C. 465, Alagu Pillai V/s. Mayilappa Pillai ,, Chintalapalli Chinna Dorayya V/s. Chintalapalli Venkanna (1923) 76 I.C. 502 and Ayyannamma V/s. Ramaswami .