JUDGMENT- This is an appeal by the original plaintiff against the order of the learned Judge of the Bombay City Civil Court, dated 4-10-1974, raising a question as to the registerability of an award, made in reference by the Court in pending proceedings, under section 17 (b) of the Registration Act.

2. Few facts relevant for the disposal of this appeal are as under:-

The plaintiffs had filed a suit being Suit No. 825 of 1967 against 15 defendants in respect of certain property. On 24- 10-1969 the parties to the suit filed consent terms agreeing to refer to the arbitration of Advocate Shri P. C. Kapadia all questions or issues arising out of pleadings of the parties including those specifically set out in the said consent terms. Initially defendants Nos. 1 to 3 were joined as defendants to the suit. However, subsequently defendants Nos. 4 to 15 were joined as defendants to the suit as it was disclosed that they had interest in the property .

3. The Arbitrator Shri Kapadia made his award on 27th June 1973. The said award was filed in Court and notices of the award being filed were issued to the parties. Defendants Nos. 1 to 3 received the said notices on 28th August 1973. On 24th Sep

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