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1960 Supreme(Raj) 238

JAGAT NARAYAN
RAM CHANDER – Appellant
Versus
JAMNA SHANKAR – Respondent


Advocates Appeared:
Hasti Mal, LEKH RAJ MEHTA

Judgment


JAGAT NARAYAN, J.

( 1 ) THIS is a revision application by the defendants in a suit which was referred to arbitration through the intervention of the court against an order of the Civil Judge sojat pronouncing judgment and granting decree according to the award under section 17 of the Arbitration Act, 1940 on the ground that no notice as contemplated under Section 14 (2) was given and they were consequently deprived of an opportunity of filing objections against the award.

( 2 ) THE application was contested on behalf of the plaintiffs. A number of preliminary objections were taken. But before going into them it is necessary to state the facts.

( 3 ) THE plaintiffs are members of a joint Hindu family. The defendants also constitute a joint Hindu family, Jassulal defendant No. 1 being the father of mangilal, Shyamlal and Ramchander defendants Nos. 2 to 4. It is not disputed now that Jassulal as manager of the family of the defendants borrowed money from time to time from the plaintiffs on the security of houses and ornaments. The case of the plaintiffs is that a settlement of accounts took place in Sm. 2002 and a sum of Rs, 10,101/- was found due to the plaintiffs from the














































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