Parkash Chand Khurana Etc vs Harnam Singh & Ors on 28 March, 1973
The
Full Bench decision in Chanbasappa Gurushantappa Hiremath v.
Basalingayya Gokurnaya Hiremath & Ors., (4 ) can also have
no application because that case is an authority for the
limited proposition, prior to the enactment of the
Arbitration Act, 1940, that where in a suit parties have
referred their dispute to an arbitration without an order of
the court and an award is made, a decree in terms of the
award could be passed by the court under Order XXIII, Rule
3, of the Code of Civil Procedure. In the instant case,
parties agreed to refer their disputes to arbitration when
no suit was pending and the award subsequently became a rule
of the court.