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Sadiq Ali Vs. Pitam Mal, - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Judge
Reported in(1902)ILR24All229
AppellantSadiq Ali
RespondentPitam Mal,; Sughra Fatima and ors.
Excerpt:
award - appeal from decree based on an award--civil procedure code, section 506--'all the parlies to the suit.' - .....that simply because two persons were not summoned, there was no judicial determination by the court. there is the judgment by the court which is a judicial determination. there may have been some irregularities preceding it, but what we have really to remember is that, if the decree is in accordance with the award no appeal lies except in so far as the decree is in excess of, or not in accordance with, the award. there was an award, and no plea has-been argued before us that the decree was in excess of, or was not in accordance with, the award. the preliminary objection taken prevails, and this appeal is dismissed with costs.
Judgment:

Knox and Blair, JJ.

1. A preliminary objection Las been raised to the bearing of this appeal, namely, that inasmuch as the decree is in accordance with the award, no appeal lies. In answer to this, two points have been taken. The first is, that inasmuch as all the parties to the suit did not join in the submission, there was no award which could be made the award of the Court; and the second, that the Court before which the award came in the first instance, refused to summon two of the arbitrators in accordance with a request made by Sethi Pitam Mal, and so there was no judicial determination, and therefore an appeal lies. In support of the first our attention was c.illed to the case of Deo Nandan v. Bhirgu Rai Weekly Notes 1887 p. 215. The case therein set out does not appear to have been reported in the Indian Law Reports. At first sight this case does seem to be in support of the contention raised, but we prefer to hold that the words 'all the parties to the suit' mentioned in Section 508, Civil Procedure Code, must refer to the succeeding words, 'any matter in difference between them in the suit.' In this case the persons who were not parties to the award never put in any appearance in the Court, and so far as we can discover, there was not any matter in difference between them and any other of the persons who submitted the matter in difference between them to arbitration. There is a distinction between 'all parties to a suit' and 'all the parties to a suit,' and the words used in Section 506 of the Code of Civil Procedure are 'all the parties to a suit.' It has been held by the Calcutta High Court that this section refers to all the parties to a suit who are interested. This appears to us to be the proper interpretation. As regards the second point, we are not prepared to hold that simply because two persons were not summoned, there was no judicial determination by the Court. There is the judgment by the Court which is a judicial determination. There may have been some irregularities preceding it, but what we have really to remember is that, if the decree is in accordance with the award no appeal lies except in so far as the decree is in excess of, or not in accordance with, the award. There was an award, and no plea has-been argued before us that the decree was in excess of, or was not in accordance with, the award. The preliminary objection taken prevails, and this appeal is dismissed with costs.


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