Judgment

HIDAYATULLAH, J. : This appeal by special leave has been filed by one Munshi Ram, a judgment-debtor, against whom a decree based on a compromise, following an award by an arbitrator, is sought to be executed. The respondents are the decree-holders. The appeal is directed against a common judgment and decrees of the Punjab High Court dated November 26, 1952 in two appeals under the Letters Patent (Nos. 5 and 11 of 1952) by which the orders of a learned single Judge of the High Court in Execution First Appeals Nos. 56 and 121 of 1951 were confirmed. The present appeal is, however, confined to the decision in L. P. A. No. 11 of 1952. To understand what these orders were, and also the point involved in this appeal, a somewhat long narration of facts is necessary.

2. The following genealogy gives the relationship of the parties :

Munshi Ram was adopted by Mangalsain, when the former was live or six-years old. Mangalsain was separate from the other branch.

3. There was a firm known as Kanhyalal & Sons, consisting of Kanhayalal and his two sons. The affairs of the firm fell on evil days. We are, however, not concerned with it, Munshi Ram had, on the other hand, started another concern by the name of "Munshi Ram, B. Sc." and that concern prospered. It appears that the respondents in this appeal claimed to be partners in that business. With the merits of their claim we are not again concerned. On October 30, 1946, there was an agreement between the contending parties, by which the dispute was referred to the sole arbitration of one Lala Premnath, Advocate. Lala Premnath gave an award on March 3, 1947, by which he awarded Rs. 50,000/- payable to Faqir Chand as follows :

(a) Rs. 15,000 on April 4, 1947.

(b) balance in three equal instalments on August 4, 1947, December 4, 1947 and March 4, 1948.

Interest on any instalment defaulted at 0-8-0 per cent, per mensem until payment.

He also awarded Rs. 45,000 payable to Banwarilal as follows:

(a) Rs. 15,000 on April 4, 1947.

(b) balance in three equal instalments on the same dates as above with interest in the same way on default.

There was also an award about the residential house called haveli, which was given in moieties to Faqir Chand and Banwarilal, including the portion built by Munshi Ram. The rest of the immovable property was given to Munshi Ram as his self-acquired property, and it was declared that Faqir Chand and Banwarilal would have no connection with or claim in the concern, "Munshi Ram, B. Sc."

4. No action appears to have been taken for some time. But on April 4, 1947, Rs. 15,000 were paid to Banwarilal. On the request of Faqir Chand made on December 17, 1947, the arbitrator filed an application under S. 14 (2) of the Arbitration Act, on January 6, 1948. With this application, he produced a signed copy of the award. It may be pointed out that the original award has not been produced, and is said to be lost. On February 19,1948, the Stamp Auditor reported that according to the endorsement on the copy of the award, the original was written on a stamp paper of the value of Rs. 50/- and that there was a deficiency of Rs. 662-8-0. He recommended that the award be impounded. The Senior Sub-Judge, Ferozepore, ordered that the report would be considered, when the document would be produced.

5. On July 11, 1948, Munshi Ram made an application for setting aside the award on the following, among other, grounds : (a) that the award was insufficiently stamped; and (b) that the award was not registered. He also alleged that the Arbitrator was guilty of legal misconduct, and that the award was given beyond time. These objections were replied to by the respondents. Meanwhile; it appears that there was some further settlement, and the parties stated that they were prepared to have a decree passed in accordance with the terms accepted by them. By an order dated October 18, 1948, the Court passed a decree on the award, modifying terms of the award according to the compromise. The objections of the S