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Subbarami Reddi Vs. Rajamannar Aiyangar - Court Judgment

LegalCrystal Citation
SubjectCompany;Arbitration
CourtChennai
Decided On
Reported in(1902)12MLJ396
AppellantSubbarami Reddi
RespondentRajamannar Aiyangar
Excerpt:
- 1. the petition requesting the court to refer the matter to arbitration in a case for winding up of a partnership should not have been granted except on the application or with the consent of all the parties. neither the 3rd defendant nor his representative was a. party to the-petition of the 11th september 1897. the reference to arbitration was illegal and. therefore, the award being void, there is an appeal against the decree notwithstanding that it is in conformity with what purports td1 be an award. the decrees of the courts of the district munsif and district judge are set aside and the suit is sent back to the district munsif for trial on the merits, everything done subsequent to the order of remand by the' district court being set aside as irregular. costs will abide the result.
Judgment:

1. The petition requesting the court to refer the matter to arbitration in a case for winding up of a partnership should not have been granted except on the application or with the consent of all the parties. Neither the 3rd defendant nor his representative was a. party to the-petition of the 11th September 1897. The reference to arbitration was illegal and. therefore, the award being void, there is an appeal against the decree notwithstanding that it is in conformity with what purports td1 be an award. The decrees of the Courts of the District Munsif and District Judge are set aside and the suit is sent back to the District Munsif for trial on the merits, everything done subsequent to the order of remand by the' District Court being set aside as irregular. Costs will abide the result.


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