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1951 Supreme(All) 146

P.L.BHARGAVA
FIRM ASHARFI LAL RAMDEO – Appellant
Versus
FIRM GANESHI RAM JAGARNATH – Respondent


Advocates Appeared:
M.A.Kazmi, N.C.VAISH

P. L. BHARGAVA, J.


( 1 ) THIS is a plaintiffs appeal. The parties to this appeal are two firms, firm Aaharfi Lal Ramdeo, the plaintiffs appellants, and firm Ganeshi Ram Jagarnath, the defendants-respondents, which carry on business in Pande Bazar in the district of Basti. The two firms had dealings with each other. The plaintiff-firm instituted a suit, No. 12 of 1943, against the defendant-firm in the Court of the Munsif of Basti to recover a sum of Rs. 500 and odd said to be due as balance of account on the basis of bahi Khatas. Another Suit No. 889 of 1942 was instituted by the defendant firm against the plaintiff-firm in the Court of the Civil Judge of Basti exercising the powers of Judge, small Cause Court, for recovery of Rs. 205-9-9 said to be due on balance of account on the basis of bahi Khatas. Both the suits were separately referred to the arbitration of Hiralal and the arbitrator filed a separate award in the two suits. The award Sled in one suit was the exact copy of the award filed in the other, and the same award purported to decide the matter in dispute in the two suits. Objections were filed to the award in both the suits and the trial Courts dismissed the objection














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