SHIVA NATH AND ANOTHER Vs. RAM KISHAN

JUDGEMENT

(1.) This is an appeal u/S. 39 of the Indian Arbitration Act. It is directed against an order which runs as follows: - -

(2.) S. 30 of the Act lays down the grounds upon which an award can be set aside. When an award is set aside the court has, u/S. 19 of the Act, to supersede the reference. In view of this provision, it is clear that while a court intends to remit the award for reconsideration, it has no power to set it aside as well The order of the court below, setting aside the award was incongruous, with the ultimate order of remission. This portion of the impugned order, being illegal has to be quashed.

(3.) Learned counsel for the appellant urged that the various grounds, upon which the court has remitted the award, were incorrect and the order of remission was unjustified. We are afraid, we are unable to go into the merits of these grounds. S. 39 of the Act provides for an appeal only against the kinds of orders mentioned in it. An order remitting the award is not appealable under that provision. Since no appeal lies against such an order, the merits of the grounds, upon which the court below has decided to remit the award, can not be examined at this stage. The order setting aside the award, being illegal, will be set aside, but, after that has been done, the rest of the order of remission cannot be touched. If, ultimately, the award is made a rule of the court or set aside, the party aggrieved can in the appeal against such an order raise the various grounds upon which he now seeks to challenge the order of remission; vide S. 105 CPC. In the result, the appeal succeeds and is allowed in part. The part of the order setting aside the award is quashed. In view of the divided success, the parties will bear their own costs, in this court.