CHARAN SINGH DEAD Vs. BABU LAL

JUDGEMENT

(1.) THIS appeal by special leave is directed against the judgment of Dhavan, J., in Civil Revision No. 1209 of 1957. The learned Judge, following Sarju Prasad v. Civil Judge Farrukhabad, ILR (1959) 1 All 354: (AIR 1959 All 717), held that an order of the Court on an objection against an award made under S. 12 (4) of the Uttar Pradesh Consolidation, of Holdings Act (U. P Act V of 1954) (hereinafter called the Act) was appealable under S. 39 of the Arbitration Act (X of 1940) Mr J. P. Goyal learned counsel for the appellant, urges that this decision of the Allahabad High Court is wrong

(2.) THE appointment of an Arbitrator under sub-s. (l) may be made either generally or in respect of any particular case or class of cases or in respect of any specified area or areas."'

(3.) MR. Goyal contends that S. 37 of the Act applies the provisions of the Arbitration Act only as far as procedure is concerned and S. 39 of the Arbitration Act which provides for appeals does not apply to arbitrations referred to in S. 37 of the Act. He relies strongly on S. 12 (6) of the Act which provides that the decision of the arbitrator under sub-s. (4) shall be final. We have already set out S. 12 (4). He, however, does not contend that the provisions of S. 15 of the Arbitration Act do not apply because the appellants had apparently applied under S. 15 of the Arbitration Act to the Court to modify the award made by Vikram Singh and they had succeeded in getting an order modifying the award in their favour.