RAM KISHAN CHOPRA Vs. MULK RA CHOPRA

JUDGEMENT

(1.) -

(2.) THIS civil revision is directed against the judgment of an Addl. District Judge whereby the order made by Shri B. B. Gupta, Subordinate Judge 1st Class Delhi on 31-8-1967 directing that the award made by the arbitrator be made a rule of the Court and a decree in accordance therewith be passed, was up-held by the learned Addl. District Judge. The circumstances under which the controversy in the revision petition has arisen may briefly be stated:

(3.) COUNSEL for the respondents submitted that apart from filling cross-objections to the appeal filed by the respondents the order dated 8-3-1965 made by Shri Avtar Singh Sohal was itself an appealable order under Section 39( 1 ) (vi) of the Act. In this connection he relied upon a Bench decision of Assam High Court in Mafizuddin Bhayan and another v. Alimuddin Bhayan and others A.R.I. 1950 Assam 191 where it was held that if objections to an award are dismissed on the merits or they are dismissed on the ground that they are filed beyond time, the Court by dismissing them in effect refuses to set aside the award and an order refusing to set aside an award is clearly appealable under Section 39 of the Act.