BHADUR SINGH Vs. DISTRICT JUDGE RAMPUR

JUDGEMENT

(1.) This petition has been filed against the order passed by the trial court dismissing the plaintiff' suit as not maintainable and against the order dismissing the plaintiff' appeal against that order.

(2.) Petitioner had filed the suit purporting to be under Ss. 13 and 14 of the Arbitration Act with a prayer that the defendants be ordered to file the award in court and the award be thereafter set aside on the basis of the objections taken by him in the plaint. The award had been given by the Registrar under the U. P. Co-operative Societies Act (hereinafter called the Act). Both the courts below held that the suit was not maintainable and rejected the plaint.

(3.) From the relief claimed by the plaintiff, as mentioned in the judgment of the appellate court, it appears that the plaintiff had prayed for a declaration that the award was not valid and binding. He had thus claimed the determination of" the effect and validity of the award. Such a relief would ordinarily be claimable by an application under Sec. 33 of the Arbitration Act. The question is : whether the jurisdiction of the civil court to grant such a relief is barred by the provisions of the U. P. Co-operative Societies Act?