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1989 Supreme(SC) 647

L.M.SHARMA, V.RAMASWAMI
Trideshwar Dayal – Appellant
Versus
Mahbshwardayal – Respondent


Advocates:
Atul Sharma, B.D.AGRAWAL, E.C.AGARWAL, G.GANESH, G.L.SANGHI, K.L.JOHN, PURNIMA BHATT KAK, SATISH CHANDRA AGRAWAL, SHOBHA DIXIT, V.K.PANDITA

JUDGMENT

SHARMA, J.:- This case arises out of a proceeding under the Indian Stamp Act, 1899. Special leave is granted.

2. A dispute between the appellants and the respondent No. 1, who are members of a family, was referred to an arbitrator, who made an award on 9-10-1973, and filed the same within a few days before the civil court for making it a rule of the court. On objection by the present appellants, the prayer was rejected on 18-3-1976 and the order was confirmed by the High Court on 8-7-1981 (reported in AIR 1982 All 117) in a regular first appeal. An application for special leave was dismissed by this Court on 18-4-1983 and a prayer for review was also rejected. It is stated on behalf of the appellants that in the meantime the respondent No. 1 applied before the Collector for summoning the award and realising the duty and penalty. A copy of the award was annexed to the application. The respondents prayer was opposed by the appellants but was allowed by the Collector on 15-7-1983; and, on a request made to the civil court for sending the award, the civil court asked the office to do so. The appellants moved the Chief Controlling Revenue Authority under S. 56 of the Indian Stam







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