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Jupiter Chit Fund (Private) Ltd., Kanpur Vs. Dwarika Dhish Dayal and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtAllahabad High Court
Decided On
Case NumberCivil Revn. No. 219 of 1977
Judge
Reported inAIR1980All77
ActsCode of Civil Procedure (CPC) , 1908 - Sections 115; Uttar Pradesh Civil Laws (Amendment) Act, 1973; Arbitration Act, 1940 - Sections 14 to 17, 20, 21 and 32 to 34
AppellantJupiter Chit Fund (Private) Ltd., Kanpur
RespondentDwarika Dhish Dayal and ors.
Appellant AdvocatePrabodh Gaur, Adv.
Respondent AdvocateV.K. Barman and ;S.C. Tripathi, Advs.
DispositionPetition dismissed
Excerpt:
- .....preliminary hearing before the commencement of the act of 1976. the act of 1976 came into force on february 1, 1977. therefore amendments made by it to section 115 of the civil p. c. were inapplicable to revisions pending on that date. the present revision was admitted on january, 31, 1977. hence it was outside the purview of the central amending act. 4. in the result, the revision is dismissed as not maintainable in this court. no order as to costs.
Judgment:
ORDER

Satish Chandra, C.J.

1. This revision under Section 115 of the Code of Civil Procedure is directed against an order passed by the Additional District Judge, Kanpur, allowing a revision and setting aside an arbitration award. The revision was filed in this Court on January 31, 1977 and the same day it was admitted and connected with other similar revisions. Notice was directed to issue on that day.

2. The valuation of the subject-matter of the revision was below Rupees 20,000/-. Learned counsel for the opposite parties have raised a preliminary objection that the revision was not maintainable in this Court, In support, reliance was placed upon Indian Oil Corporation v. Kishore Bandhu (1978 All LJ 176). In that case, a Division Bench held that a case arising out of a proceeding under Section 20 of the Arbitration Act is not amenable to revision under Section 115 of the Civil P. C. as amended by the U. P. Civil Laws (Amendment) Act, 1973 because Section 115 as so amended was confined to cases arising out of original suits. Proceedings under Sections 14 to 17, 20, 21, 32, 33, and 34 of the Arbitration Act are not proceedings in the nature of a suit. This decision squarely applies to the present case.

3. Learned counsel for the applicant relied upon Section 115 of the Civil P. C. as amended by the Central Act No. 104 of 1976 which came into force on February 1, 1977. The Central Act is not helpful because Clause (o) of Section 97(2) makes the amendment made to Section 115 of the Civil P. C. under Section 43 of the Amending Act No. 104 of 1976, in-appliable to revisions which had been admitted after preliminary hearing before the commencement of the Act of 1976. The Act of 1976 came into force on February 1, 1977. Therefore amendments made by it to Section 115 of the Civil P. C. were inapplicable to revisions pending on that date. The present revision was admitted on January, 31, 1977. Hence it was outside the purview of the Central Amending Act.

4. In the result, the revision is dismissed as not maintainable in this Court. No order as to costs.


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