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Rudra Parsad Pande and ors. Vs. Mathura Prasad Pande and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad
Decided On
Reported inAIR1925All566
AppellantRudra Parsad Pande and ors.
RespondentMathura Prasad Pande and ors.
Excerpt:
- .....parties referred the case to arbitration during the pendency of the suit. the arbitrator made an award. objections were filed to this award. the learned subordinate judge held that those objections were valid objections, and passed an order superseding the award under rule 15, schedule ii of the code of civil procedure. the result is that the suit will proceed as if no reference to arbitration had been made and it is in fact proceeding. a preliminary objection is taken that no revision lies under these circumstances as the case has not yet been decided. the full bench ruling in buddhu lal v. mewa ram a.i.r. 1921 all. 1 is relied on in support of this argument. we find that the exact point raised in this preliminary objection was recently decided by a bench of this court in a reported.....
Judgment:

Daniels, J.

1. This is an application in revision against; an order of the learned Subordinate Judge of Basti superseding an award made in a pending case and directing the suit to proceed on the merits. The parties referred the case to arbitration during the pendency of the suit. The arbitrator made an award. Objections were filed to this award. The learned Subordinate Judge held that those objections were valid objections, and passed an order superseding the award under Rule 15, Schedule II of the Code of Civil Procedure. The result is that the suit will proceed as if no reference to arbitration had been made and it is in fact proceeding. A preliminary objection is taken that no revision lies under these circumstances as the case has not yet been decided. The Full Bench ruling in Buddhu Lal v. Mewa Ram A.I.R. 1921 All. 1 is relied on in support of this argument. We find that the exact point raised in this preliminary objection was recently decided by a Bench of this Court in a reported case - Muhammad Fakhruddin v. Rahimullah Shah : AIR1925All458 . That also was an order superseding an award in a pending case. The learned Judges held that it was governed by the Full Bench ruling already referred to, and that at this stage no revision lay. They further pointed out that if the suit ultimately went against the applicant, it would be open to him to attack the order superseding the arbitration under the provisions of Section 105 of the Code of Civil Procedure. Following this ruling, with which we agree, we dismiss the present application with costs.


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