Jharbandhan Prasad vs Sidh Nath Raut

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1924 Supreme(All) 37

Jharbandhan Prasad – Appellant
Versus
Sidh Nath Raut – Respondent

JUDGMENT

Mukerji, J. - This application for revision has been made under the following circumstances :-The applicants were defendants in an original suit filed in the court of the Munsiff of Dearia. There was reference to arbitration and an award was made. Objections were taken to the validity of the award. One of the grounds taken was that there was no valid reference to arbitration as one of the defendants in the case did not at all pin in the reference. The learned Munsiff passed a very unsatisfactory order which runs as follows:

No evidence is adduced in support of the objection. The objections are frivolous and vexatious: must be repelled. Let a decree be made in terms of the award.

2. Although no appeal lay against the decree which followed the award, an appeal was filed by the plaintiffs. The learned 2nd Additional District Judge held that there was no valid reference and therefore the award could not stand. He accepted the appeal, set aside the decree of the court of first instance and remanded the suit for trial on the merits.

3. It is contended for the defendants applicants that the learned District Judge had no jurisdiction to hear the appeal and his decree must be set aside

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