S.N.VARIAVA, V.N.KHARE
Deo Narain Choudhary – Appellant
Versus
Shree Narain Choudhary – Respondent
JUDGMENT
S.N. Variava, J.-Leave granted.
2. This Appeal is against an Order dated 19th March, 1999 by which the Civil Revision filed by the Appellant herein has been dismissed.
3. The facts necessary for the purpose of this Appeal are as follows :
Appellant and Respondent are brothers. According to the Appellant their disputes, in respect of a property at Patna, were referred to Arbitration. The Arbitrator/Umpire declared an Award dated 21st January 1996. On 14th May, 1996 the Arbitrator/Umpire gave a registered Notice, to both the parties, that the Award had been made and that the same was filed in the Court. On 14th May, 1996 the Arbitrator/Umpire filed the Award in the Court of Sub Judge I Patna.
4. On 11th June, 1996 the Respondent filed a Caveat in the Court of the Sub Judge. It is mentioned in the Caveat that the Respondent has received a Notice dated 14th May, 1996 that an Award has been declared on 21st January, 1996 and that the Award has been registered on 20th April, 1996 and that it has been filed in the Court. In the Caveat it is prayed that before any order is passed, on the alleged Award, notice be issued to the Caveator and he be heard.
5. On 16th July, 1996 the Court se
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