Ratanchandra And Another vs Mrs. Suruchichand And Others on 12 February, 1993
Reliance has also bee placed on the case of Bimal Kumar Ghosh v. Saikat Sarkar (Rep. in ), where Calcutta High Court has held that application under Section 20 of the Act though has to be registered as a suit as provided in, Section 20(2) of the Act is not a suit in the fullest sense of the terms. This submission is devoid of any merit. Under Section 20 of the Act, the application, when filed is to be numbered and registered as a suit with the applicant as 'plaintiff and other parties as defendants'. As borne out from the minutes of the Order dated 31st January, 1989 passed in the said Arbitration Suit No. 197 of 1989, decree in terms of prayers (a) and (b) thereof was passed. Since the Plaintiffs therein were minors, the said Mahesh Chand was appointed their guardian ad litem along with others to look after the interest of his minor children in the suit. The said Order passed in the said Arbitration, Suit No. 197 of 1989 finally disposed of the said suit. After the said Order, the suit has not remained alive to have the rights of parties thereto still to be determined.