Subramaniya Othuvar vs Munusawmi Pillai on 5 March, 1908

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Madras High Court
Subramaniya Othuvar vs Munusawmi Pillai on 5 March, 1908
Equivalent citations: (1908) 18 MLJ 249
Author: S Nair


JUDGMENT

Sankaran Nair, J.

1. It is argued before me that the Munsif acted illegally and without jurisdiction in confirming the award when the arbitrator was a pleader who had drafted the plaint, a fact of which the petitioner was not aware before the award was made. The Munsif evidently did not think this was a sufficient reason, because he says that the pleader did not act for the plaintiff and that he is a respectable vakil of the High Court. I am not able to say that he acted illegally or without jurisdiction in coming to this conclusion. The Munsif may have been wrong on a question of law. But that is not a reason for this Court to interfere.

2. A preliminary objection is also raised that no civil revision petition lies. I do not decide it.

3. The petition is dismissed with costs.

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