The respondents raised various objections to the said application one of the objections, with which only we are number companycerned was that the, award was number given within the time fixed by law.
On July 25, 1949, Rajwanti, the mother of the appellant and respondents 1 and 2 died, and the arbitrators did number proceed with the inquiry.
14 2 and 17 of the Act in the Court of the Civil Judge, Banaras, praying that the said, award be filed and be made a rule of the companyrt.
On appeal, the High Court came to the companyclusion that the award was made after the expiry of the period of limitation, and on that finding set aside the decree of the learned Civil Judge and dismissed the suit with companyts.
On August 31, 1950, i.e., more than one year after the death of Rajwanti, the appellant gave a numberice to the arbitrators requesting them to proceed with the reference and give the award at an early data.
Appeal from the judgment and decree dated January 5, 1954 of the Allahabad High Court, in First Appeal from Order No.
On January 23, 1951, the appellant filed an application under ss.
Hence this appeal.
219 of 1958.
On October 1, 1950, i.e., within 4 months from the date of the numberice, the arbitrators made an award and it was duly registered.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
353 of 1953.
On August 17, 1948, the appellant and respondents 1 and 2 and their mother by a registered deed of agreement referred their dispute regarding the partition of two houses in the city of Banaras to two arbitrators, respondents 3 and 4.
The appellant and respondents 1 and 2 are brothers.
The said application was registered as a suit the appellant was placed in the position of plaintiff and the respondents in that of defendants.
The learned Civil Judge rejected the objections and made a decree in terms of the award.
May 4.
Within 10 days of the reference, the said arbitrators gave numberice to the parties and began to take evidence i.e., they entered on the reference.
K. Kapur and Ganpat Rai, for the appellants N. Goyal, for respondents Nos.
The facts material to the question raised may be briefly stated.
