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Tekat Mal Oswal Vs. Ananda Moy Basu - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in38Ind.Cas.226
AppellantTekat Mal Oswal
RespondentAnanda Moy Basu
Excerpt:
civil procedure code (act v of 1908), schedule ii, rule 1 - arbitration and award--omission of one party to sign petition of reference, effect of. - 1. this rule must be discharged. the point now sought to be raised on behalf of the petitioner was never raised in the court below and the mere fact that one or the parties did not sign the petition of reference is not conclusive that he was not a party to the case sent to the arbitrators. the rule is accordingly discharged with costs, two gold mohurs.
Judgment:

1. This Rule must be discharged. The point now sought to be raised on behalf of the petitioner was never raised in the Court below and the mere fact that one or the parties did not sign the petition of reference is not conclusive that he was not a party to the case sent to the arbitrators. The Rule is accordingly discharged with costs, two gold mohurs.


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