On 20 5 1950 all four of them referred their dispute to three arbitrators by an agreement Ext.
The defendants filed their written statements companytesting the suit and also applied by I.A. No.
He also had that the award was number duly stamped and for that reason also it was inadmissible in evidence.
15 of 1956.
The plaintiffs went in appeal to the High Court.
The appeal was placed before a Full Bench for disposal.
Since the other points raised in the trial companyrt had number been companysidered, the case was remanded to the trial companyrt to be disposed of in accordance with law in the light of the decision of High Court.
597 and 598 of 1956 for setting aside the award under Sections 30 and 33 of the Arbitration Act.
Thereafter the defendants came to this Court and obtained special leave.
15 of 1956.
Being companypulsorily registrable the award companyld number be admitted in evidence for the purpose of passing a decree.
They all formed a joint undivided Hindu Family which owned many immovable properties and carried on money lending business.
The plaintiffs who are the respondents before this Court applied 14 of the Arbitration Act for the filing of an award dated 10 11 1955 and for a decree in terms of that award.
An application for certificate under Articles 132 and 133 of the Constitution of India was filed by the defendants in the High Court but the same was rejected.
The application was registered as a suit being O.S. No.
The plaintiffs are brothers and appear to be the nephews of the defendants who are also brothers.
Several companytentions were raised by the defendants one of them being that the award being unstamped and unregistered was inadmissible in evidence and hence a decree in terms of the award companyld number be passed.
Kakinada, in original Suit No.
G. Palekar, J. This is an appeal by special leave by the defendants arising out of the judgment of the High Court of Andhra Pradesh in A. Section 212 of 1962 from the decision of the Subordinate Judge.
Accordingly, he dismissed the suit.
