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Pooran Chand and anr. Vs. L. Babu Ram and anr. - Court Judgment

LegalCrystal Citation
Subject Civil
CourtAllahabad
Decided On
Reported inAIR1938All56; 173Ind.Cas.895
AppellantPooran Chand and anr.
RespondentL. Babu Ram and anr.
Excerpt:
- - 2. i am satisfied that the order of the learned munsif was without jurisdiction......with this decision. furthermore, he was unable to cite any decision in support of his contention that under the provisions of order 23, rule 1 after a suit has been referred to arbitration and so long as the reference subsists, the referring court may intervene and give the plaintiff in the suit permission to withdraw the suit and bring a fresh suit. in the result the application is allowed and the order of the learned munsif is set aside. the record will be returned to the munsif with a direction to dispose of the case according to law. the applicant is entitled to his costs.
Judgment:
ORDER

Thom, Ag. C.J.

1. This is an application in civil I revision under Section 115, Civil P.C. The application arises out of a suit for possession of a plot of land and demolition of certain structures erected by the defendants thereon. Early in the proceedings, parties agreed to refer their dispute to arbitration. An arbitrator was appointed and reference was made. In due course the arbitrator issued his award. The award was in favour of the defendants, the plaintiffs preferred objection thereto. The learned Munsif sustained these objections and remitted the case for reconsideration by the arbitrator. Thereafter, the plaintiffs moved the Court for permission to withdraw the suit and bring a fresh suit. This permission was granted. Against the order granting permission the present application in re-vision has been filed.

2. I am satisfied that the order of the learned Munsif was without jurisdiction. The parties had contracted to refer their dispute to an arbitrator. The reference to arbitration no doubt can be recalled by the Court in certain circumstances, for example, if the arbitrator has been guilty of corruption or misconduct, but so long as the reference stands, the Court has no power to pass an order which in any way affects the subject matter of the suit : see Schedule 2, Para. 3, Sub-rule (2), Civil P.C. Now the effect of the order of the learned Munsif is to supersede the reference entirely and free the plaintiffs from their contract to submit the dispute between them and the defendants to arbitration. No sufficient reason, which under the provisions of the Code of Civil Procedure would justify the supersession of the reference, was urged by the plaintiffs before the Munsif or in revision.

3. In the circumstances I must hold that the reference stands and that therefore the learned Munsif had no jurisdiction to pass the order against which the present application is directed. I am fortified in this conclusion by the decision of a Bench of this Court in Sheoambar v. Deodat (1887) 9 All. 168. Learned Counsel for the plaintiffs was unable to point to any authority inconsistent with this decision. Furthermore, he was unable to cite any decision in support of his contention that under the provisions of Order 23, Rule 1 after a suit has been referred to arbitration and so long as the reference subsists, the referring Court may intervene and give the plaintiff in the suit permission to withdraw the suit and bring a fresh suit. In the result the application is allowed and the order of the learned Munsif is set aside. The record will be returned to the Munsif with a direction to dispose of the case according to law. The applicant is entitled to his costs.


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