Allahabad Court August 1931 Judgments
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Mohammad Aijas Ali Khan and anr. Vs. Basant Rai and ors.
Court: Allahabad
Decided on: Aug-03-1931
Reported in: AIR1932All665
Sulaiman, Ag. C.J.1. This is a revision from an order disallowing objections to an award. A preliminary objection is taken that no revision lies. Inasmuch as the applicant wished to challenge the validity of the order of reference itself, we cannot hold that no revision can at all be entertained. On the merits there is no force in the revision at all. It was not absolutely necessary for the Court below to frame issues noting the points in dispute between the parties and refer them specifically to the arbitrator. The points of conflict were apparent from the pleadings and the order of the Court below shows that the whole case was referred to the arbitrator and he was called upon to decide all questions that were in dispute between the parties, and therefore there was no irregularity in this respect.2. The next objection is that the arbitrator had refused to act and the Court therefore was not authorized to refer the matter back to him. It is even suggested that the Court forced him to a...
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