NAWABZADA S M ALI DABIR Vs. NAWABZADA S M ALI KABIR KHAN

JUDGEMENT

(1.) The main question for consideration in this appeal is whether an award made under S. 58 of the U.P. Court of Wards Act, 1912 (hereafter referred to as the Court of Wards Act) can be implemented under S. 17 of the Arbitration Act, 1940 (hereafter referred to as the Arbitration Act). The appeal arises out of arbitration proceedings.

(2.) The parties are related to one another as shown in the pedigree given in the appellants application, dated 20 -1 -1955. One Nawab Ali Nasir Khan had two wives - Ashfaq Jahan Begum and Humayun Jahan Begum. Ali Dabir and Ali Mushir appellants are Nawab Ali Nasir Khans sons from the second wife. Ali Kabir and other respondents are Nawab Ali Nasir Khans children from his first wife. The dispute relates to property, which was known as Bulaqipur Estate in district Gorakhpur. There was litigation in the family after the death of Nawab Ali Nasir Khan in 1931. Ali Kabir was appointed guardian of the appellants, who were then minors. In 1941 the property was taken over by the Court of Wards. The appellants and their sister applied for partition of their share in the joint property, and for accounts for the period during which Ali Kabir was in charge of the property. Acting under Sec. 58 of the Court of Wards Act, the Court of Wards appointed one Sri Bhagwan Das Bhargava as Arbitrator to settle the dispute. Sri Bhargawa made a preliminary award on 14 -10 -1949, and gave his final award on 30 -3 -1950. That award was made over to the Court of Wards. The Court of Wards was wound up in April 1954. On 20 -1 -1955 Ali Dabir and Ali Mushir moved, in the Court of the Civil Judge, Gorakhpur, an application containing the following prayer :

(3.) The appellants application dated 20 -1 -1955 was opposed by Ali Kabir and others. They raised a number of preliminary objections. The main preliminary objections were that, the application dated 20 -1 -1955 was barred by time; and the award made under the Court of Wards Act could not be made a rule of the Court under the Arbitration Act. The learned Civil Judge decided the first point in favour of the applicants. It was held that the application under Sec. 17 of the Arbitration Act was not barred by time. But the second point was decided by the Court against the applicants. It was held that the award could not be enforced under the provisions of the Arbitration Act. The application was, therefore, dismissed on 24 -2 -1956. This appeal is directed against the order of the learned Civil Judge, Gorakhpur dated 24 -2 -1956.