PRABHU DAYAL Vs. MUNSHI LAL

JUDGEMENT

(1.) By this application it is sought to get a decree passed by the learned Munsif of Ghaziabad revised, That decree was passed in accordance with an award. One of the objections to the award that was taken before the learned Munsif, and that has been reiterated in the course of the arguments before me, was that one of the three punchas having refused to sign the award the award was bad in law. The learned Munsif overruled this objection and the other objection of the applicant, and as stated above passed a decree in accordance with the award.

(2.) In my opinion this Court cannot interfere with the decree so passed in the exercise of its revisional jurisdiction. The award having been made and not having been found invalid by the learned Munsif for the reasons given by him, the only course open to the learned Munsif was to pass a decree in terms of the award and in so doing he has not exercised a jurisdiction not vested in him by law, nor has failed to exercise a jurisdiction so vested, nor has he acted in the exercise of his jurisdiction illegally or with material irregularity, vide Ghulam Khan V/s. Muhammad Hussan [1902] 29 Cal. 167.

(3.) As has been pointed out by the learned Chief Justice in the case of Lutawan Kubar V/s. Lachiya [1914] 36 All. 69. It was the clear intention of the Legislature that objections to the award on the ground of invalidity from any cause whatever should be decided by that Court (i.e.,) the Court which had made the order of reference to arbitration and passed a decree in accordance with the award) and by no other Court.