Judgment

SARKAR, J. : In this case an arbitration agreement had been filed in court under S. 20 of the Arbitration Act, 1940, and an order of reference made thereon. The arbitrator in due course entered upon the reference and made and filed his award in court on July 14, 1955. The award concerned partisan of certain properties between the wife and children of one Bhairon Bux.

2. The award was however unstamped and unregistered: An objection was taken to a judgment being passed on such an award. On such objection, the trial court passed an order remitting the award to the arbitrator for re-submitting it to the court on a duly stamped paper and after getting it registered.

3. Against this order the High Court at Nagpur was moved in revision. The learned Single Judge hearing the revision application took the view that the award required to be stamped. But he felt that it could not be remitted to the arbitrator under S. 16 of the Arbitration Act which is the only provision under which an award can be remitted to an arbitrator. It appears that there was an earlier judgment of the Nagpur High Court in the case of Ramkumar v. Kushalchand, AIR 1928 Nag 166, in which it had been held that wher