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1915 Supreme(All) 353

GEORGE KNOX
Ram Harakh Pathak – Appellant
Versus
Ram Saran Pathak – Respondent


JUDGMENT

George Knox, J. - The plaintiffs, now respondents, sued on a bond. The defendants pleaded paymect. The matter in dispute was referred to arbitration; the arbitrator decided in favour of the plaintiffs. Objections were taken by both parties. The lower Court, after considering the objections, dismissed them and drew up a decree in terms of the award. From that decree an appeal was filed to the Court of the Additional Judge. The Additional Judge accepted the appeal and on the 16th of August 1912 entertained an application signed by one of the plaintiffs and the Vakil engaged for both plaintiffs on the one side, and by the defendant Ram Harakh and a Pleader who appeared for both defendants on the othr. The application was to the effect that Hbth parties agreed that the appeal should be accepted (manzur) and that the case should be decided on the merits. The Additional Judge ordered that the appeal is accepted and the case be decide on the merits. Some evidence was taken and the case remained on in the Court of the Additional Judge until the 4th of April 1913. Then, so far as the record shows, the case went automatically to the Court of the Subordinate Judge of Basti. No doubt t

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