KRISHEN Vs. RADHA KISHEN

JUDGEMENT

(1.) THIS is an application in revision and has arisen under the following circumstances :

(2.) THE applicants made an application for the setting aside of an award under Section 33, Arbitration Act, and the application was allowed 'ex parte' because the opposite-parties were not present. Later on the 'ex parte' order was set aside and a fresh date for final hearing was fixed. Several adjournments of the date fixed for hearing were made at the instance of the applicants and the last date so fixed was 19-5-1947. On this date also, the applicants were absent while the opposite parties were present and the Court passed the following order:

(3.) IT has been urged that the view of the lower appellate Court that no appeal lay to that Court against an order dismissing an application for restoration made under Order IX, Rule 9, Civ. P. C. was erroneous. We think that this contention is sound. Section 41 of the Arbitration Act makes the provisions of the Code of Civil Procedure applicable to all proceedings before the Court, but "subject to the provisions of the Act and of Rules made thereunder."