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Jogesh Chandra Deb Vs. Jagat Chandra Deb - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported inAIR1919Cal522,52Ind.Cas.696
AppellantJogesh Chandra Deb
RespondentJagat Chandra Deb
Cases ReferredButa v. Guni Das
Excerpt:
civil procedure code (act v of 1908), order xlvii, rule 1, schedule ii, para. 12 - arbitration--award, decree based en--review, whether competent--jurisdiction of court. - .....have the award corrected under the provisions of the code, namely, under rule 12, schedule ii. the learned munsif held that such an application was not maintainable. it was held in the case of buta v. guni das 111 p.r. 1881 by rattigan, j., that a review of a decree based upon an award is admissible. that was no doubt a case under sections 522 and 623 of act x of 1877. the present provisions of the code do not affect that decision in my opinion, and i think it is a matter which the learned munsif ought to go into. it will be open to the parties to show then whether there is any ground at all for granting a review. the learned munsif will, therefore, issue notices to both parties and determine the matter as to whether a review ought to be granted. be has jurisdiction to go into the matter.....
Judgment:

Asutosh Chaudhuri, J.

1. The application for review was rejected on the ground that decrees made upon awards do not come within the provisions of Order XLVII, Rule 1. The matter was referred to arbitration by the Court and a decree followed upon the awards It was contended on behalf of the applicant that be bad discovered the mistake he complains of in execution of the decree, namely, that it had embodied an evident mistake in the award, and he then applied to have the award corrected under the provisions of the Code, namely, under Rule 12, Schedule II. The learned Munsif held that such an application was not maintainable. It was held in the case of Buta v. Guni Das 111 P.R. 1881 by Rattigan, J., that a review of a decree based upon an award is admissible. That was no doubt a case under Sections 522 and 623 of Act X of 1877. The present provisions of the Code do not affect that decision in my opinion, and I think it is a matter which the learned Munsif ought to go into. It will be open to the parties to show then whether there is any ground at all for granting a review. The learned Munsif will, therefore, issue notices to both parties and determine the matter as to whether a review ought to be granted. Be has jurisdiction to go into the matter under the provisions of Rule 1, Order XLVII. The Rule is made absolute in these terms.

2. The petitioner has to pay the costs of this Rule, which, I assess at two gold mohurs.


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