4 5 authorised the arbitrator to settle the disputes according to law after perusing the plaint and the written statements, the arbitrator examined defendant I in the absence of the plaintiff and also perused what was called the settlement of the 1st May, 1927, without giving an opportunity to the plaintiff to have her say in the matter and was thus guilty of legal misconduct.
688 of.
5 in the record.
The defendants also denied her claim for jewels and clothes.
4 in the record.
1945 arising out of Judgment and Decree dated the 1st October 1945 of the Court of the District Judge of Anantapur in Original Petition No.
After obtaining the two statements, the arbitrator made and published his award the 12th March, 1945.
The statement which was obtained from the defendant 1 however did number merely repeat this request but companytained several statements of facts, which did number find a place in his written statement.
Appeal from the Judgment and Decree dated the 24th September, 1948, of the High Court of Judicature at Madras Menon and Mack, JJ.
He similarly examined the defendant I the 10th March, 1945, and got from him the statement which is Exhibit No.
P. No.
15 of 1945 in the Court of the District Judge of Anantapur for setting aside an award the ground inter alia of legal misconduct of the arbitrator.
The arbitrator entered upon the reference and the 6th March, 1945, examined the plaintiff and got from her a statement which is Exhibit No.
The deceased had purported to make a will dated 1st May, 1927 under which he had made certain provision for her maintenance , and residence, The plaintiff stayed with the family for some time but had to leave the family house owing to disputes which arose between her and the senior wife of defendant 1.
When the plaintiff was being examined as P.W. 1, in the suit the 27th February, 1945, all the parties filed a petition under section 21 of the Arbitration Act agreeing to appoint Sri Konakondla Rayalla Govindappa Garu as the sole arbitrator for settling the disputes in the suit and to abide by his decision, and asking the Court to send the plaint, written statement and other records to the arbitrator for his decision.
The petition filed by the parties the 27th February, 1915,did number give any special powers to the arbitrator.
The legal misconduct which was alleged against the arbitrator was that he examined each party in the absence of the other.
It was this award that was challenged by the plaintiff.
The statement given by the plaintiff to the arbitrator did number mention anything beyond the request that be should peruse the plaint and written statement and give his decision according to law and justice.
15 of 1945.
The plaint, the written, statement and the other records were agreed to be sent to him for his decision, and if the arbitrator was thus directed to make his award after perusing the plaint and the written statements which were give to him by the Court along with the order, we do number see why the arbitrator went to the plaintiff and defendant 1 and recorded their statements.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The High Court appeal reversed the judgment of the trial Court and dismissed the plaintiffs suit.
The arbitrator was appointed for settling the disputes in the suit and the parties agreed to abide by his decision.
A reference to arbitration was accordingly made by the Court.
It was companytended the other hand by the defendants that what was done by the arbitrator was merely to obtain from the parties a reiteration of their request companytained in the petition that he should give his award the basis of the pleadings, that number a single fact was recorded by the arbitrator from the defendant 1 which did number find a place in his written statement and that therefore the arbitrator was number guilty of legal misconduct.
Munikanniah J. B. Dadachandji with him for the appellant.
The suit came for hearing and final disposal before the Subordinate Judge of Anantapur.
These statements were as follows She felt glad with what was given to her by her husband.
The trial Court set aside the award.
She lived with her mother for eleven years and ultimately filed a suit in forma pauperis 0.
37 of 1952.
The defendants companytested the claim of the plaintiff companytending that sufficient arrangement bad been made for her maintenance and residence under the will dated the 1st May, 1927, that she had accordingly been in possession and enjoyment of the property and that her claim was unsustainable.
The Judment of the Court was delivered by BHAGWATI J. The plaintiff filed 0.
One P.Narayanappa died in 1927 leaving him surviving the plaintiff his widow, the defendant I his undivided brother, the defendant 2 a son of his another pre deceased brother, and defedant 3 his son by his pre deceased wife.
19 of 1943 in the Court of the District Judge of Anantapur, for maintenance, arrears of maintenance, residence and household utensils as also recovery of some jewels and clothes as her stridhanam properties.
This appeal has been filed by the plaintiff with the certificate of the High Court against that decision.
P. Sinha M. O. Chinnappa Reddi and K. B. Chowdhury withhim for the respondents.
in A.A.O.No.
It was companytended behalf of the plaintiff that even though the petition for reference to arbitration as also the statements Exhibits Nos.
