- (1.) This appeal under Section 39(1)(6) of the Arbitration Act, 1940 (for short the Act of 1940) is directed against the order and judgment dated 6.5.89 passed by the learned District Judge, Udaipur in Civil Case No.(31)42/83, by which, the prayer for making the award as rule of the court was rejected.
(2.) It reveals from the record that both the parties i.e. Dungar Singh and Balwant Singh are real brothers and sons of Jeet Mal Jain. They had agreed to settle their dispute with regard to partition of the property through Arbitration proceedings. For that purpose, they vide their agreement dated 23.11.81 (Ex.7) had agreed and appointed Shri Fateh Lal, Kiran Mal and Sensh Mal as Arbitrators for settling their disputes partitioning the movable and immovable properties, the Arbitrators were also close relatives of the concerned parties. The Arbitrators after taking due care and considering the material submitted by the concerned parties, unanimously settled their dispute vide Award dated 23.11.81 (Ex.P/8) and that was intimated to the parties and copy whereof was sent on 20.3.1982 to the parties concerned. After completion of other formalities, that award was got registered with the Collector(Stamps), Udaipur. The Arbitrator Shri Sensh Mal moved an application on 7.4.83 before the learned District Judge, Udaipur with a prayer that the impugned Award may be made rule of the court.
(3.) On receiving this application along with agreement of appointment of the Arbitrators Ex.7 and original Award Ex.8 passed by the Arbitrators, the learned District Judge issued notices to the concerned parties.;