KANPUR NAGAR MAHAPALIKA Vs. NARAIN DAS HARIBANSH

JUDGEMENT

(1.) THIS is an application under Sections 109 (a) and 110 of the C. P. C., read with Article 135 of the Constitution for a certificate for filing an appeal to the Supreme Court.

(2.) MESSRS Narain Das Haribans Contractors filed against Kanpur Nagar Mahapalika a suit to recover a sum of Rs. 60,802/4/9, in the year 1946. During the pendency of this suit the matter in dispute was referred to arbitration. The Arbitrator gave an award for a sum of Rs. 54,000/- and odd in favour of the plaintiff. Parties filed objections against the award. The objection filed by the plaintiff was not pressed. The objection filed by the defendant was allowed by the learned Second Additional Civil Judge, Kanpur by his order dated the 31st of May, 1960. He held that the plaintiff's suit was barred by limitation, and dismissed it with costs.

(3.) THE application has been filed under Clause (a) of Section 109, C. P. C. Clause (a) of Section 109, C. P. C. provides for appeals from any judgment, decree or final order passed on appeal by High Court'. We have, therefore, to consider whether the impugned decision of the High Court amounts to a judgment, decree or final order within the meaning of Clause Ca) of Section 109, C. P. C.