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1956 Supreme(All) 188

AGARWALA
RAM BHAROSEY – Appellant
Versus
PEAREY LAL – Respondent


Advocates Appeared:
Dulare Lal Misra, K.C.SAXENA

AGARWALA, J.


( 1 ) THIS is an application in revision and arises in the following circumstances. The opposite parties Pearey Lal and another filed a suit for the ejectment of the defendant applicant from a shop.

( 2 ) THE trial court decreed the suit. The applicant filed an appeal in the lower appellate court. During the pendency of the appeal, the parties agreed to refer the matter in dispute to arbitration through the agency of the Court. The Court referred the dispute to an arbitrator on 10th April 1951. The arbitrator made an award and filed it in court on the 30th April 1951. The Court ordered the parties to file objections, if any, by the 30th May, 1951. On the 30th May, 1951 no objections were filed as no notice was actually issued to the parties. When the Court noted this fact, it adjourned the case and directed that notice-on respondent be issued by means of the service of a card, and as appears from the order-sheet, the signature of the counsel for the defendant-applicant was obtained there and then, on the margin of the ordersheet, thereby showing that the counsel for the applicant was informed of the order of the Court. 23rd July was fixed for dealing with the objection














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