(1.) THIS is an application in revision. Originally it was filed as a second appeal, but a learned brother of mine came to the conclusion that no appeal lay. He, however permitted this appeal to be treated as a revision and, therefore, it is -being decided as a revision.
(2.) A preliminary objection has been taken by the learned counsel for the opposite party that no revision lies to this Court against an order refusing to record an award and reliance was placed on a Full Bench decision of this Court in the case of Gobind Das v. Mt. Indrawati, AIR 1938 All 557.
(3.) COMING to the preliminary objection, in the case of AIR 1938 All 557 (FB), it was held :