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1959 Supreme(P&H) 99

D.FALSHAW, K.L.GOSAIN, HARBANS SINGH
Firm Khetu Ram Bashamber Dass – Appellant
Versus
Kashmiri Lal Rattan Lal – Respondent


Advocates:
D.K. Mahajan with Manmohan Singh Girjral, for Appellants; Shamair Chand with M/s. P.C. Jain and G.C. Mittal, for Respondents.

Judgement

ORDER OF REFERENCE (D/- 8-3-1957)

GURNAM SINGH, J. :- A suit for the recovery of Rs. 6,000/- was instituted in the Court of Subordinate Judge, Muktsar, by Firm Kheturam Bashamberdas through Pritam Das, one of the share-holders, against Firm Kashmirilal-Rattanlal through Rattan Lal son of Kashmirlal. Rattan Lal appeared in the Court of the Subordinate Judge and submitted the written statement. However, the parties agreed to refer the dispute to the sole arbitration of Bawa Niranjan Singh retired Senior Subordinate Judge, Ferozepore. The agreement for reference was signed by Rattan Lal alone on behalf of Firm Kashmirilal-Rattanlal.

During the pendency of the arbitration proceedings, Rattan Lal submitted an application with a prayer that the proceedings be stayed as the Court at Muktsar had no jurisdiction in the matter. This application was rejected first by the trial Court and then by the High Court in revision. The arbitrator then filed the award in Court on 10-2-1954. By means of this award, a decree for Rs. 3,929/6/9, as principal and Rs. 280/- as interest total Rs. 4,209/6/9, with proportionate costs was given in favour of the plaintiff-firm.

The defendant submitted objec










































































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