Harish Chandra and Sapru, JJ. - (1.) A question of law arises in this case which it seems necessary to refer to a Full Bench. A similar question arose in the case of Mariam v. Amna, 1936 ALL. L. J 1333 and the matter was referred to a Full Bench and the Full Bench gave an answer. Subsequently, a similar point of law arose in the Privy Council case of Ghhabba Lal v. Kallu Lal. 1946 ALL. L J 254 and certain observations contained in the judgment of their Lordships of the Judicial Committee seem to throw doubt as to the correctness of the answer given by the Full Bench in Mariam's case.
(2.) We, therefore, direct that this case be laid before the Hon'ble the Chief Justice for the constitution of a Full Bench for the decision of the following questions : (1) Does the omission by the next friend of a minor party to a suit to obtain the leave of the Court as required by Sub-rule (1) of Rule 7 of Order 32 Civil P. C. to enter into an agreement to refer the case to arbitration render the order of reference and the award void or only voidable at the option of the minor ? (2) In case such an order of reference and the award are only voidable at the option of the minor, is it necessary for the minor to file a fuit in order to avoid them within a certain period of limitation ? If so, what Article of the Indian Limitation Act would govern such a suit ? Opinion of the Full Bench Sapru J.
(3.) Two questions have been referred to this Full Bench by a Bench of this Court. They are as follows : 1. Does the omission by the next friend of a minor party to a suit to obtain the leave of the Court as required by Sub-rule (1) of Rule 7 of Order 32, Civil P. C. to enter into an agreement to refer the case to arbitration render the order of reference and the award void or only voidable at the option of the minor ? 2. In case such an order of reference and the award are only voidable at the option of the minor, is it necessary for the minor to file a suit in order to avoid them within a certain period of limitation ? If so, what Article of the Indian Limitation Act would govern such a suit ? The opinion of the Bench which 'made the reference was that certain observations contained in the judgment of their Lordships of the Judicial Committee in the Privy Council case of Ghhabba Lal v. Eallu Lal, 1946 A. L. J. 254 (P. c.) were somewhat irreconcilable with the answer given by a Full Bench of this Court in the case of Mariam Bibi v. Amna Bibi, I. L. R. (1937) ALL. 317. In order to answer this question satisfactorily it may be convenient to give a few facts relating to this case.;