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ALLAHABAD HIGH COURT
Dhavan, Hari Swarup, Gangeshwar Prasad, JJ
Basdeo Sahai – Appellant
Versus
Gauri Shanker – Respondent
| Table of Content |
|---|
| 1. background of the case and parties involved. (Para 1 , 2) |
| 2. details of arbitration proceedings and objections. (Para 3 , 4) |
| 3. legal analysis of whether an order affects jurisdiction. (Para 5 , 6 , 7 , 8) |
| 4. discussion on grounds of misconduct by the arbitrator. (Para 9 , 10 , 11 , 12) |
| 5. conclusion on the proper handling of jurisdiction by courts. (Para 15 , 16 , 17) |
| 6. final ruling on the revision application. (Para 18 , 19 , 33 , 35 , 50) |
1. This application in revision has been laid before this Full Bench upon a reference made by Dhavan, J. It is directed against an order of the Judge Small Cause Court, Agra (exercising the powers of a Civil Judge) by which he reversed in appeal an order of the Munsif Fatehabad, Agra, refusing to set aside an award and sent back the case to him with the direction to hear and decide the suit in which the award was given.
2. The relevant facts are these. Basdeo Sahai, plaintiff, filed Suit No. 121 of 1949 in the court of the Civil Judge, Agra, against Gauri Shanker, Basant Lal and Sukh Ram for a declaration that he was in possession of the property in suit which is a house situate in Qasba Fizabad, district Agra as its exclusive owne
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