Govind Mathur, J. - (1.) In the year 1983, the District Rural Development Authority, Jodhpur (hereinafter referred to as "the DRDA") by executing an agreement undertook the work of drilling for tube-well @ Rs.230/- per meter at the agricultural fields of certain agriculturists including the mother of the appellants. The cost of drilling was revised by the DRDA from Rs.230/- per meter to Rs.435/- per meter in the year 1989, thus, the agriculturists including the mother of the appellants preferred writ petitions before this Court and those came to be disposed of by a common order dated 16.4.1992 with directions:- "Therefore, it would not be proper for this Court to enter into this controversy that as to what rate is to be charged, we leave it to the State Government to refer the matter to arbitration. In the facts and circumstances of the case, we direct that the State Government shall refer the matter to the arbitrator for deciding that as to what should be the rate for drilling charges. In most of the cases a stay has been granted by this Court on payment of 50% of the price, the Government shall not seal the tube-wells. We direct that all the petitioners shall deposit 75% of the amount of the final bill and the petitioners are given two months' time to deposit the amount. Those who have already deposited 50% of the amount shall deposit the remaining amount. In the event of not depositing the 75% of the amount of the final bill within two months from today, it will be open for the respondent State to resume the tubewell. With these observations, this writ petition as well as the writ petitions mentioned in Schedule 'A' appended to this order are disposed off."
(2.) In pursuant to the order aforesaid the Divisional Commissioner, Jodhpur was appointed as the arbitrator on 25.6.1993. The arbitrator called upon the parties to the dispute to submit the claim, however, no such claim was ever filed by mother of the appellants as the notice issued by the arbitrator was not served upon her.
(3.) In view of the fact that no claim was filed by the appellants, there was no question of filing any reply to the claim by the DRDA. The arbitrator by treating case of the mother of the appellants also as similar to other agriculturists made and signed an award on 4.9.1995 holding her liable to pay the revised drilling charges. By an order dated 22.4.1996 the award dated 4.9.1995 was sent to the court of District Judge, Jodhpur as per the provisions of Section 14(2) of the Arbitration Act, 1940 (hereinafter referred to as "the Act of 1940") for passing judgment and issuing decree. Learned Additional District Judge No.1, Jodhpur by order dated 29.9.2007 modified the award and also made the rule of court by making order as follows:- ..[VERNACULAR TEXT OMITTED]...;