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Gauri Singh and ors. Vs. Gajadhar Das - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Judge
Reported in2Ind.Cas.608
AppellantGauri Singh and ors.
RespondentGajadhar Das
Excerpt:
civil procedure code (act xiv of 1882), sections 258, 525, 526 - award--arbitration--adjustment before filing of award--adjustment not certified to court--execution--enquiry by execution court as to adjustment. - - 1. in our opinion the provisions of section 258, of the code of civil procedure of 1882, were never intended to apply to a case like the present.1. in our opinion the provisions of section 258, of the code of civil procedure of 1882, were never intended to apply to a case like the present. here the parties agreed between themselves that their debts were to be privately adjusted before any decree came into existence. the alleged adjustment took place before the decree was passed and was brought to the notice of the court by the appellants at the earliest opportunity. we agree with our brother richards. we, therefore, allow the appeal, set aside the decree of this court and the orders of the courts below and remand the case through the first appellate court to the court of first instance with directions to inquire into the objections raised by the judgment-debtors. costs will abide the result.
Judgment:

1. In our opinion the provisions of Section 258, of the Code of Civil Procedure of 1882, were never intended to apply to a case like the present. Here the parties agreed between themselves that their debts were to be privately adjusted before any decree came into existence. The alleged adjustment took place before the decree was passed and was brought to the notice of the Court by the appellants at the earliest opportunity. We agree with our brother Richards. We, therefore, allow the appeal, set aside the decree of this Court and the orders of the Courts below and remand the case through the first appellate Court to the Court of first instance with directions to inquire into the objections raised by the judgment-debtors. Costs will abide the result.


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