A.N. Dikshita, J. - (1.) This revision under Section 115 of the Code of Civil Procedure has been preferred against the judgment and order dated 6-12-1988 passed by VIII Addl. District Judge, Meerut, allowing the application for the deletion of certain issues in suit No. 1033 of 1985 (Mukut Lal & anr. v. Rameshwar Dayal & ors.).
(2.) In brief the facts are that opposite parties No. 1 and 2 filed a petition, in the court of 1st Civil Judge, Meerut, which was registered as suit No. 1033 of 1985 titled as Mukut Lal Agarwala anr. v. Rameshwar Dayal & ors., under Section 14 of the Indian Arbitration Act praying that the opposite parties No. 2, 3 and 4 (presently opposite parties Nos. 3, 4, and 5) be ordered to file the original award and the entire documents relating thereto and such award be made the rule of the Court. It was mentioned in para 9 of the petition which is reproduced below. "That the petitioners and the opposite party No. 1 agreed that the disputes whether there was any family settlement in the year 1972 or whether the properties and business existing on 31-3-81 were all joint" was referred to the Arbitration of opposite parties No. 2, 3,4 for adjudication." It is further alleged by the present opp. parties No. 1 and 2 that the arbitrators entered into reference and gave their award on 26-10-1985 and a copy thereof was received on 28-10-1985 by them.
(3.) The (Opposite Party No. 1 in the suit) present applicant filed a detailed written statement and the factum of an agreement as envisaged by the Arbitration Act or for the reference of any dispute to arbitration was emphatically denied. At this stage it may not be necessary to go into the other allegations as set forth in the written statement. It may also be mentioned that opposite party No. 1 (applicant) in the case also filed objections under Sections 30 and 33 of the Arbitration Act which were registered as Misc. Case,. Scanning of such objections at this stage would also be a futile exercise as the matter is pending before the Trial Court;