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1958 Supreme(Pat) 7

SINHA, K.DAYAL, CHOUDHARY
Seonarain Lal – Appellant
Versus
Prabhu Chand – Respondent


Judgment

Sinha, J.

1. This Full Bench has been constituted to consider the following questions of law:

1. Is an award on reference to arbitration without the intervention of a Court made subsequent to the coming into force of the Indian Arbitration Act, 3940, deciding questions of title to the immoveable property worth one hundred rupees and upwards compulsorily registrable?

2. Can such award, if not registered, be enforced so as to enable the Court to pronounce judgment according to it under Sec.17 of the Indian Arbitration Act, 1940? and

3. Can an objection to the award that, for want of registration or for any other reason, it could not be enforced filed after the expiry of the time for making an application to set it aside, be entertained, and if not, is the Court bound to pronounce judgment according to it under Sec.17 of the Indian Arbitration Act, 1940 ?

2. I would like to indicate the brief facts which gave rise to this reference.

3. On 6th July, 1950, the plaintiff and the defendant agreed to refer their dispute to the arbitration of five named persons, who gave their award in favour of the plaintiff. The award was filed in Court on 15th May, 1951, and notice of the filing





























































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