AMAR NATH Vs. UGGAR SEN

JUDGEMENT

(1.) This is an appeal against an order, dated 80 May 1943, made by the First Civil Judge of Saharanpur in an arbitration proceeding on a reference without intervention of a Court. The reference was made on 14 September 1941, by means of an agreement, executed by Uggar Sen on his own behalf and on behalf of his son, Sansar Chand, and as guardian of his minor son Babu Ram, (first party), by Hari Chand for self and as guardian of his minor sons Chandra Bhan and Ghan Shyam, and Radhey Shyam (second party) and Tulsi Ram for self and as guardian of his minor son, Amar Nath, (appellant), Shyam Lal and Om Prakash for self and as guardian of his minor son, Vinod Kumar, (third party) and Bishen Chand (fourth party). The first party nominated L. Kahtu Mal, the second party nominated L. Dharam Das, the third party to which the appellant belongs, nominated L. Jeet Ram and the fourth party nominated L. Kishan Lal as their respective panches, and Babu Maharaj Singh advocate was nominated as sarpanch by all the parties.

(2.) The sarpanch and all the panches entered on the reference on 21 December 1941, and held sittings on various dates, when the evidence was recorded and the accounts were examined. When the case was taken up on 12 September 1913, Lala Jeet Ram was absent and the case was adjourned to the next day for further proceedings. On ,13 September 1943, the sarpanch directed the panches to assemble on some early date for writing out the award.

(3.) On 21 September 1943, Tulsi Ram and his party filed an application in Court, under Section 5, Arbitration Act, 1940, praying that the arbitration agreement, dated 14 September 1941, be revoked firstly, because there had been an unreasonable delay in making an award and secondly, because the panches were siding with the other side and were hostile to the applicants and had "given expression to their feelings and sentiments." These allegations were denied by the other side. The Court found that the delay was due to the fact that the sarpanch was a busy advocate and the dates for hearing were fixed having regard to the convenience of the parties and that there was a fair trial before the arbitrators and the proceedings were over and only the award had to be written out. Accordingly, the application was rejected on 23 December 1943, and the sarpanch and the panches were directed to make an award as early as possible.