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1923 Supreme(All) 88

KANHAIYA LAL
Mahabir – Appellant
Versus
Manohar Singh – Respondent


JUDGMENT

Kanhaiya Lal, J. - This is an application in revision against an award which has been accepted by the court below in a suit pending before it. On the date of the hearing of that suit, the pleaders for the parties stated that they had agreed to arbitration and wanted to refer the matter in dispute to a certain pleader named by them for decision. Their statements were recorded by the court and a reference was made in accordance with their agreement. The arbitrator made an award, to which certain objections were taken by the defendants; but they did not there state that the reference was invalid because it was not in writing, or that they had not authorized their pleaders to make it. In fact the valcalatnama filed by the applicant in the court below expressly authorized the pleader concerned to enter into an agreement of arbitration. An objection is now taken that under paragraph 1 of the second schedule attached to the Code of Civil Procedure, the agreement ought to have been in writing, but a record taken down of an oral statement made by the parties or their pleaders is as much an agreement in writing as a written application made by the parties or their pleaders themselves

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