Decided on August 13,1965

BINDA Appellant
Indrabali And Others Respondents


D.S. Mathur, J. - (1.)This is a revision under Sec. 115 Code of Civil Procedure by Binda against the order of the District Judge of Jaunpur, dismissing his appeal and thereby confirming the order of the Civil judge whereby the ex parte order confirming the ex parte award was not set aside,
(2.)Considering that the whole matter is being remanded for a fresh hearing it is not necessary to make any comment on the merits of the case. Only the question of law involved shall be considered to enable the lower courts to act according to law.
(3.)The material facts of the case are that when the Consolidation Officer referred the question of title to the Civil Judge under the then Sec. 12(4) of the U.P. Consolidation of Holdings Act (to be referred hereinafter as the Act), he fixed a date for the appearance of the parties before the Civil Judge and information of this date was given to them including Binda. That day was declared a holiday and the case was taken up by the Civil judge on the re -opening of the courts. Binda did not put in appearance that day and in his absence the Civil Judge framed issues and referred them to the Arbitrator as required under the above section, for making an award. He at the same time fixed a date for appearance before the Arbitrator. Binda was not served with any fresh notice and it appears, the date of appearance was not communicated to him. When Binda did not appear before the Arbitrator on the date fixed, he proceeded with the arbitration ex -parte and made an ex -parte award. While singing the award the Arbitrator fixed a date for the appearance of the parties before the Civil Judge and it appears, Binda had no information of this date also. The Civil Tudge confirmed the award when no objection was filed by any of the parties. It was after about two months that Binda moved the Civil Judge for setting aside the exparte order by which the exparte award of the Arbitrator had been confirmed. At the same time, he filed an objection to the award. The Civil Judge dismissed the application end refused to set aside the earlier order. The appeal preferred before the District Judge met the same fate and Binda has now moved this Court in revision.

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