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1933 Supreme(All) 189

KENDALL
Gorakh Prasad – Appellant
Versus
Baldeo Prasad – Respondent


ORDER

Kendall, J. - This is an application for the revision of a decree and order of the Judge of the Small Cause Court of Rasra decreeing the plaintiff's suit against three defendants in the circumstances which have been described at length in the judgment of the trial Court. It is only necessary to repeat here that the parties in a quarrel had appointed two persons, Gorakh Prasad and Shaikh Abdul Jabbar, as their arbitrators to settle the dispute, and each side had deposited Rs. 250 with Gorakh Prasad on the agreement that if either of the parties to the dispute refused to abide by the award he should forfeit the amount that he had deposited. Some sort of an award was made by Gorakh Prasad which the plaintiff in the present suit refused to accept, with the result that Gorakh Prasad handed over the amount deposited by the plaintiff to the defendants, Sheo Ram and Jamna Ram. The present suit was brought to recover the amount from Gorakh Prasad on the ground that he was not justified under the agreement in handing over the deposit to the defendants, Sheo Ram and Jamna Ram, because there had been no joint and commmon award by the arbitrators and consequently the plaintiff in the prese

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