Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioners aggrieved against rejection of their application under Sections 151 and 152 CPC seeking amendment/correction in the decree prepared pursuant to the judgment dated 08.12.1976.
(2.) On account of certain dispute between the petitioner No.1 and his brothers, Arbitrators were appointed, who gave their award dated 08.02.1973; application under Section 14 of the Arbitration Act, 1940 was filed before the District Judge, Pratapgarh for making the said award rule of the Court; the application was accepted by the District Judge by judgment dated 08.12.1976 and the award was made rule of the Court and it was directed that decree be framed; where after it appears that decree was framed, however, after passage of almost 27 years an application was filed under Sections 151 and 152 CPC on 15.12.2003 seeking amendment in the decree.
(3.) The application was opposed by other parties and after hearing the parties, the District Judge by his order dated 07.07.2015 came to the conclusion that the application is not bona fide and has been filed with ulterior motive to disturb the arbitral award and that the objection was raised after lapse of 30 years, the award had become final upto the High Court and in garb of application under Section 152 CPC the dispute cannot be revived on merits and rejected the application with a cost of Rs.20,000/-.;