Ajudhia Prasad vs Badar-ul-husain - 1917 Supreme(All) 180

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1917 Supreme(All) 180

PIGGOTT
Ajudhia Prasad – Appellant
Versus
Badar-ul-husain – Respondent

JUDGMENT

Piggott, J. - This is an application in revision by one Ajudhia Prasad, who was one of the twenty-one defendants impleaded in a certain suit in which the plaintiff claimed a sum of money by way of damages. A number of defendants, including Ajudhia Prasad, joined with the plaintiff in petitioning the court to refer the entire matter in dispute to the decision of a certain arbitrator. On receiving this application the court seems to have examined the array of parties. It found that there were two contesting defendants who had not joined in the application; but in respect of these the plaintiff abandoned his claim, so that they undoubtedly ceased to be parties interested in the suit. There were three other defendants, Nos. 5, 18 and 19, who also had not joined in the agreement to refer to arbitration. With reference to these three defendants the court made a note to the effect that they had never entered any appearance in the suit and that an order had already been passed that the trial of the suit should proceed ex parte as against them. Thereupon the court passed an order of reference under paragraph 3 of the second schedule to the Code of Civil Procedure. The arbitrator dea

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