From the Judgment and Order dated 27.2.1989 of the Allahabad High Court in C.M.W.P. No.
1, who are members of a family, was referred to an arbitrator, who made an award on 9.10.1973, and filed the same within a few days before the civil companyrt for making it a rule of the companyrt.
On objection by the present appellants, the prayer was rejected on 18.3.1976 and the order was companyfirmed by the High Court on 3.7.1981 in a regular first appeal.
The appellants moved the Chief Controlling Revenue Authority under s. 56 of the Indian Stamp Act hereinafter referred to as the Act against the Collectors order dated 15.7.1983.
L. Sanghi, B.D. Agarwal, G. Ganesh, K.L. John and Ms. Shobha Dikshit for the Respondents.
The Judgment of the Court was delivered by SHARMA, J. This case arises out of a proceeding under the Indian Stamp Act, 1899.
An application for special leave was dismissed by this Court on 18.4.1983 and a prayer for review was also rejected.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Special leave is granted.
It is stated on behalf of the appellants that in the meantime the respondent No.1 applied before the Collec tor for summoning the award and realising the duty and penalty.
A companyy of the award was annexed to the application.
A dispute between the appellants and the respondent No.
The respondents prayer was opposed by the appellants but was allowed by the Collector on 15.7.1983 and, on a request made to the civil companyrt for sending the award, the civil companyrt asked the office to do so.
5055 of 1989.
Satish Chandra, E.C. Agarwala, Atul Sharma, Ms. Purnima Bhatt and V.K. Pandita for the Appellants.
The matter was remanded to the Collector to decide the case afresh in the light of the observations.
The respondent challenged this judgment before the High Court in a writ case which was allowed by the impugned judgment dated 27.2.1989.
12322 of 1984.
The Authority in exercise of its revisional power set aside the impugned order of the Collector, inter alia, on the ground of lack of jurisdiction.
