Decided on May 03,1961

Debendra Nath Dutta Appellant
Hirendra Nath Dutta Respondents


- (1.) This appeal arises out of a proceeding for the filing of an award in court and making it a rule of court. The proceeding, as required by law was registered as a suit and it arose under the following circumstances.
(2.) The parties who are brothers had certain disputes in regard various properties, owned by them, and these were referred to an arbitrator, named, Shri Nripendra Nath Bose, who has deposed as P.W. 1 in the present case, by a written agreement, dated March 7, 1941. The reference was made out of court and without the intervention of court. But the reference, as it appears, covered dispute at least on two matters, which concerned certain pending proceedings in court. We will revert to this aspect of the matter at a later stage.
(3.) The arbitrator, P.W. 1, gave his award on May 4, 1947. The present application for filing the award was made in court on February 18, 1948, the arbitrator's award having been registered in the meantime on September 9, 1947. Along with the present application a certified copy of the said award, obtained from the Registration Office, was filed by the applicant who described himself as the Plaintiff in the instant suit. The original award, however, remained with the arbitrator. Upon the above application, notices were issued to the parties and, eventually, there was also summons, taken out upon the arbitrator, Calling upon him to produce, the original award in court. In. pursuance of the said summons the arbitrator filed the said original award in court on December 7, 1948.;

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