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Nambi Aiyangar and anr. Vs. Narayana and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1901)11MLJ337
AppellantNambi Aiyangar and anr.
RespondentNarayana and ors.
Cases ReferredPerumal Naik v. Saminatha Pillai.
Excerpt:
- 1. under section 522, civil procedure code, no appeal lies against a decree on an award passed under that section 'except in so far as the decree is in excess of, or not in accordance with, the award.'2. neither of these conditions exist in the present case, and we cannot accede to the contention of the appellant's vakil that the district judge had no jurisdiction to refer to the arbitrator the question whether the trustee should be removed as prayed for in the plaint. a similar contention was raised and overruled in the case reported, in i.l.r. 19 m. 498 perumal naik v. saminatha pillai.3. we must, therefore, reject this appeal with costs.
Judgment:

1. Under Section 522, Civil Procedure Code, no appeal lies against a decree on an award passed under that section 'except in so far as the decree is in excess of, or not in accordance with, the award.'

2. Neither of these conditions exist in the present case, and we cannot accede to the contention of the appellant's Vakil that the District Judge had no jurisdiction to refer to the arbitrator the question whether the trustee should be removed as prayed for in the plaint. A similar contention was raised and overruled in the case reported, in I.L.R. 19 M. 498 Perumal Naik v. Saminatha Pillai.

3. We must, therefore, reject this appeal with costs.


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