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Issues:
1. Limitation for filing an application to set aside the award. 2. Whether the order of the Civil Judge amounted to an order refusing to set aside the award. 3. Consideration of objections not pressed before the trial Court. Analysis: 1. Limitation for filing an application to set aside the award: The case involved a dispute regarding the limitation period for filing an application to set aside an award under the Arbitration Act, 1940. The appellant argued that the limitation did not begin to run against him as no formal notice of the filing of the award was issued by the Court. However, the respondents contended that the limitation period began from the date the Court adjourned the case for parties' say or when the guardian applied for time to file a statement after receiving a summons. The Court held that notice to the pleaders was sufficient notice to the parties and the communication of the filing of the award was compliant with the requirements of the Act. The objection filed on behalf of the appellant was deemed to be beyond the prescribed limitation period, and the Court agreed with the High Court's decision in this regard. 2. Order of the Civil Judge regarding setting aside the award: The second issue revolved around whether the order of the Civil Judge amounted to an order refusing to set aside the award, making it appealable to the High Court. The High Court ruled that since no party had filed an objection seeking to set aside the award, there was no question of refusing to set it aside. Therefore, the order was not appealable under the relevant section of the Arbitration Act. The Court concurred with this finding, emphasizing that the absence of an objection precluded the possibility of an order refusing to set aside the award. 3. Consideration of objections not pressed before the trial Court: Lastly, the appellant raised an objection regarding the legality and jurisdiction of the award, claiming that the arbitrator included property beyond his authority. However, this objection was not pressed before the trial Court, leading the High Court to disallow its consideration. The Court upheld this decision, stating that objections not raised in the trial Court are presumed to have been waived. Consequently, the Court found no merit in the appeal and dismissed it with costs, affirming the High Court's rulings on the issues raised. In conclusion, the Supreme Court dismissed the appeal, upholding the decisions of the High Court on the issues of limitation for setting aside the award, the nature of the order by the Civil Judge, and the consideration of objections not raised before the trial Court. The judgment clarified the legal interpretation of notice requirements, limitation periods, and the necessity of raising objections in a timely manner during arbitration proceedings.
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