Judgement

P. V. B. RAO, J. :- These two miscellaneous appeals are directed against the orders of the learned Subordinate Judge of Berhampur in two Misc. Cases Nos. 23 of 1949 and 44 of 1949. Misc. Case No. 23 of 1949 arises out of an application filed on 28-3-49 by the five arbitrators to whom the matters in dispute between one Dharmu Saboto and his three sons Krushna Bauri and Dasrathi had been referred for decision under a Muchalika executed by the latter on 23-1-48 in which the opposite parties are the parties to the reference, namely, Dharmu Saboto and his three sons, along with the award passed by them, praying that action may be taken by the Court according to law.

2. After notice of the filing of the award was issued to the opposite parties, Krushna Saboto filed a petition under S. 30. Arbitration Act praying that the award should either be set aside as invalid or remitted to the arbitrators for reconsideration and rectification for the various reasons mentioned in the petition which was numbered as Misc. Case N. 44 of 1949.

Dasrathi Saboto filed a counter contending that the award was invalid and inoperative and should therefore be set aside. Dharmu Saboto and Bauri Saboto fil