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1974 Supreme(MP) 16

K.K.DUBE, J.S.VERMA
Bansilal Bansidhar – Appellant
Versus
Nandlal – Respondent


Advocates:
R.S. Garg, for Appellant; B.L. Pavecha, for Respondent.

Judgement

J. S. VERMA, J.: - This is an appeal under Clause 10 of the Letters Patent against a decision of Krishnan J. in Misc. Appeal No. 111 of 1971.

2. The appellant is a judgment debtor in a decree passed on an award. The award was made on 27-3-1965 and was filed in the Court on 2-4-1965 for being made a rule of the Court. On 7-5-1965 the parties to the award including the present appellant appeared in the Court and filed their written consent to the award expressly stating that they had no objection to the award being made a rule of the Court, and it was prayed that an order be made accordingly. Acting on the consent of the parties and finding no cause to either remit or set aside the award, the Court passed a judgment and decree according to that award. Admittedly, the limitation prescribed for filing objections to the award had not expired on 7-5-1965 but no objections were filed by the appellant or any one else to the award till the expiry of that period. Apart from this, no appeal or revision was filed against the judgment and decree passed by the Court either by the appellant or anyone else. The decree was then sought to be executed and it was at that stage that objections








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