Law: Arbitration Act, 1940

Section: 17,30

Law: Civil Procedure Code (V of 1908)

Section: 115

Arbitration Act (X of 1940)--- ----Ss.17, 30---Civil Procedure Code (V of 1908), S.115---Award making rule of Court---Principle---Non-filing of objections---Effect---Concurrent findings of facts by two Courts below---Revisional jurisdiction of High Court---Scope---Petitioner was aggrieved of not making award as rule of Court by Trial Court as well as Lower Appellate Court---Plea raised by petitioner was that when objections were never preferred for annulment of award, the Courts below were bound to make the same rule of the Court---Validity---When previous litigation before Court of law stood already culminated in favour of , it could not be believed by a prudent mind that he would have agreed for referring the same ispute for resolution through arbitration---Petitioner failed to prove construction or execution of reference deed---Power vested in Court to make an Award rule of Court was judicial and not ministerial---Absence of…

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