BIND BASNI PRASAD, J.

( 1 ) THESE two appeals arise from the same order passed by the learned First Civil Judge of Meerut on 5th February 1948. The parties to the dispute are step brothers. There was a family dispute between them and they referred it for arbitration on 5th November 1945. The award was made by the arbitrator on 18th March 1947. On 23rd August 1947 Madho Kishan who was one of the parties to the agreement of reference made an application purporting to be under Section 17 read with Section 28, Arbitration Act, 1940, praying that a judgment might be pronounced according to the award and a decree framed in accordance with it. His step brother, Radha Kishan, raised several objections to this petition and himself made an application under Section 30, Arbitration Act praying that the award might be set aside. The learned Civil Judge repelled Radha Kishans objections and pronounced a judgment in accordance with the award granting Madho Kishan a decree for Rs. 8,018-8-0. Radha Kishans application under Section 30, Arbitration Act was rejected. These two appeals arise out of the order passed upon the aforesaid two applications.

( 2 ) THE first contention raised on behalf of th

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