The Calcutta Weekly Notes Reports of Important Decisions of the Calcutta High Court and of the Judicial Committee of the Privy Council on Appeal from India November to October 1943-44

100.] When the terms of an ffereement for arbitration show that the parties did not intend that a decree would be passed on the award but that the award itself would be the operative document and the award is such as affects title to immovable property of the value of over Rs. [...] When the rules govering an arbitration provide an appeal from the first award the result of declaring the prceedings by way of an appeal to be a nullity is to leave the parties in the position they occupied before the said proceedings began. [...] Where a decree in favour of the client stands by itself and the judgment-debtor has an unquestionable liability to pay the Court if satisfied that the Attorney of the judgment-creditor has taken reasonable though not exhaustive steps to recover his dues from his client will make an order foe direct payment to the Attorney of his dues by the judgment-debtor. [...] in the ease of cross-decred: the Attorney cannot intervene or intercept the right of set-off as between the parties in the absence of a fraudulent intention to deprive the Attorney of his costs. [...] The question of the validity of the second proceeding is one for the Board to decide.