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Chhogalal Vs. Dhanraj and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Revision No. 573 of 1966
Judge
Reported in1968WLN94
AppellantChhogalal
RespondentDhanraj and anr.
DispositionApplication allowed
Excerpt:
.....valuation act. schedule ii article 11 and arbiration act - sections 14(2) & 33--objections filed under section 14(2) of arbitration act--held, not liable to pay court fee. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to juvenile - appellant was found to have completed the age of 16 years and 13 days on the date of alleged occurrence - appellant was arrested on 30.11.1998 when the 1986 act was in force and under clause (h) of section 2 a juvenile was described to mean a child who had not attained the age of sixteen years or a girl who had not attained the age of eighteen years - it is with the enactment of the..........value of the subject matter of the twenty-five rupees award does not exceed rs. 5,000(2)if such value exceeds rs. 5,000 but does not one hundred rupeesexceed rs. 10,000/-(3)if such value exceeds rs. 10,000/- two hundred andfifty rupees(n) application under section 14 & section 20 of the arbitration act, 1940 (central act 10 of 1940) for a direction for filing an award or for an order for filing an agreement and application for enforcing foreign award(1)if the value of the subject matter of the fifteen rupees award does not exceed rs. 5,000/-(2)if such value exceeds rs. 5,000/- but does one hundred rupeesnot exceed rs. 10,000/-(3)if such value exceeds rs. 10,000/- two hundred andfifty rupeesclause (1) applies where a party files an application for setting aside an award under section.....
Judgment:

Jagat Narain, J.

1. This is a revision application by Chhoga Lal against an order of the Senior Civil Judge, Sirohi, directing him to pay Rs. 250/- as court fee.

2. There was a dispute between Chhogalal and Ganeshtnal which was refer red to the arbitration of Dhanraj. Dhanraj filed an award in the court of the learned Senior Civil Judge on 24-5-66. On this notices Were issued to the parties under Section 14(2) of the Arbitration Act. Ganeshmal accepted the award. But Chhogalal filed objections against it. These objections are under Section 14(2) of the Act. He did not file an application under Section 33 of the Act for setting aside the award. The following two provisions appear in the Rajasthan Court-fees and Suits Valuation Act under Schedule II Article 11:

Proper fee(1) Application to set aside an award under the Arbitration Act, 1940 (Central Act 10 of 1940)-(1)if the value of the subject matter of the Twenty-five rupees award does not exceed Rs. 5,000(2)if such value exceeds Rs. 5,000 but does not One hundred rupeesexceed Rs. 10,000/-(3)if such value exceeds Rs. 10,000/- Two hundred andfifty rupees(n) Application under Section 14 & Section 20 of the Arbitration Act, 1940 (Central Act 10 of 1940) for a direction for filing an award or for an order for filing an agreement and application for enforcing foreign award(1)if the value of the subject matter of the Fifteen rupees award does not exceed Rs. 5,000/-(2)if such value exceeds Rs. 5,000/- but does One hundred rupeesnot exceed Rs. 10,000/-(3)if such value exceeds Rs. 10,000/- Two hundred andfifty rupees

Clause (1) applies where a party files an application for setting aside an award under Section 33 of the Arbitration Act and clause (m) applies when a party to the dispute files an application under Section 14(2) for a direction for filing an award. (Neither of these provisions is applicable to the present case. The award was filed by the arbitrator himself and Chhoga Lal did not file an application under Section 44(2) of the Arbitration Act. Chhoga Lal is not liable to pay any court-fee on his objection.

3. I accordingly allow the revision application and set aside the order of the learned Senior Civil Judge dated 5-11-66. In the circumstances of the case, I direct that parties shall bear their own costs of this revision application.


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