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Subramaniya Othuvar Vs. Munusawmi Pillai - Court Judgment

LegalCrystal Citation
SubjectArbitration
CourtChennai
Decided On
Reported in(1908)18MLJ249
AppellantSubramaniya Othuvar
RespondentMunusawmi Pillai
Excerpt:
- sankaran nair, j.1. it is argued before me that the munsif acted illegally and without jurisdiction in confirming the award when the arbitrator was a pleader who had drafted the plaint, a fact of which the petitioner was not aware before the award was made. the munsif evidently did not think this was a sufficient reason, because he says that the pleader did not act for the plaintiff and that he is a respectable vakil of the high court. i am not able to say that he acted illegally or without jurisdiction in coming to this conclusion. the munsif may have been wrong on a question of law. but that is not a reason for this court to interfere.2. a preliminary objection is also raised that no civil revision petition lies. i do not decide it.3. the petition is dismissed with costs.
Judgment:

Sankaran Nair, J.

1. It is argued before me that the Munsif acted illegally and without jurisdiction in confirming the award when the arbitrator was a pleader who had drafted the plaint, a fact of which the petitioner was not aware before the award was made. The Munsif evidently did not think this was a sufficient reason, because he says that the pleader did not act for the plaintiff and that he is a respectable vakil of the High Court. I am not able to say that he acted illegally or without jurisdiction in coming to this conclusion. The Munsif may have been wrong on a question of law. But that is not a reason for this Court to interfere.

2. A preliminary objection is also raised that no civil revision petition lies. I do not decide it.

3. The petition is dismissed with costs.


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