Duresh Devi widow of Anand Gopal who was the 4th son of Sri Gopal acting for herself and as guardian of her minor son Bhagwat Gopal.
Prempiari Smt.
On the pleadings of the parties a number of issues were framed.
The matter was taken in appeal to the High Court which was dismissed on the same ground in March 1954.
He was permitted to take the award back and it was actually delivered to him in May 1959.
The arbitrators gave their award on August 18, 1954 and the same was duly got registered on December 21, 1944.
The parties were also signatories to the award and it was stated under their signature that they were agreeable to the award and would abide by it.
That suit was dismissed on the short ground that the award number having been made a rule of the companyrt the suit was barred under Section 32 of the Indian Arbitration Act, 1940, hereinafter called the Act.
It was claimed that the parties had acted upon the award and that the same had been agreed to and accepted throughout.
Objections were filed on behalf of respondents 1, 2 and 3 herein.
The application of the arbitrators was found to be barred, by limitation.
Both the appeals, namely, First Appeal from Order No.
One of the properties allotted to Brij Gopal was in the occupation of Kishan Gopal and according to the award he had to vacate that house and give possession of it to Brij Gopal and others mentioned in the award.
On September 17, 1958 Brij Gopal applied to the High Court for permission to receive back the original award.
1 for being filed in companyrt and they had numberjurisdiction to file the award afresh, on June 3, 1959.
Thereafter two of the arbitrators the third arbitrator had died in the meantime filed an application in the companyrt of the Civil Judge, Agra, under Section 14 2 of the Act.
On the pleadings of the parties the trial Judge framed five issues on which he recorded his findings.
In November 1954 Brij Gopal filed an application under Section 17 of the Act companyrt of the Civil Judge, Agra, praying that the award dated August 18, 1944 be filed and be made a rule of the companyrt.
Against that judgment the appellants filed an appeal to the High Court under Section 39 1 vi of the Act.
315/02 referred to above and first Appeal No.
These appeals were dismissed by a companymon Judgment dated April 2, 1965.
On August 28, 1959 Brij Gopal also filed an application that the award be made a rule of the companyrt.
Brij Gopal filed an appeal against that order to the High Court.
The following pedigree table will be of assistance in understanding the dispute between the parties Sri Gopal Deceased Madan Gopal Kishan Gopal Bishan Gopal Brij Anand Gopal Gopal died died died Smt.
Narayana Smt.
Durg widow Narayana Piari esh Devi widow Widow Bhagwan Gopal Mahabir Gopal Raghuvansh Gopal Mahesh Brahma Raghubir Pareshar Gopal Gopal Gopal Gopal On April 18, 1944 a deed of reference was executed referring the dispute to certain arbitrators to effect the partition of the business and of the joint family properties of the following persons who were parties to the said deed of reference 1 Sri Gopal, 2 Kishan Gopal and Brij Gopal his sons 3 Narayana Piari widow of Bishan Gopal the third son of Sri Gopal acting for herself and as guardian of her minor sons Mahabir Gopal and Raghuvansh Gopal 4 Smt.
606/66 which was already pending were heard together by the Division Bench of the High Court.
One of the issues was whether the application was barred by limitation.
In 1947 Brij Gopal and Sri Gopal filed a suit against Krishan Gopal for possession of the house mentioned before.
Grover, J. This is an appeal by special leave from a judgment of the Allahabad High Court arising out of certain arbitration proceedings.
