JUPITER CHIT FUND PVT LTD Vs. DWARKA DIESH

JUDGEMENT

(1.) AN arbitrator filed his award dated 19th Nov., 1973, in the court of the Civil Judge, Kanpur. Objections were filed thereto. They were allowed in part. The award was remitted to the arbitrator for reconsideration by an order dated 30th April, 1975. A revision under S.115 of the Code of Civil Procedure was filed against this order. The Additional District Judges, on 21st April, 1977, allowed the revision and set aside the award. Aggrieved, the applicant has filed the present revision under S.115, C.P.C. against the order dated 21st April, 1977. The valuation of the revision is Rupees 11,983/54 p. The valuation of the proceedings before the Civil Judge was the same.

(2.) AT the hearing of the revision an objection was raised that the revision was not maintainable in the High Court. The learned single Judge referred the following two questions to a Full Bench : (1) Whether the present revision is maintainable in the High Court ? (2) Whether the phrase "case arising out of an original suit" occurring in Section 115 of the Code of Civil Procedure covers orders passed in an appeal or revision ?

(3.) THIS, however, was not found satisfactory. Section 115, C.P.C. was again amended by the U.P. Civil Laws Amendment Act of 1972. The Statement of Objects and Reasons appended to the Act of 1972 stated : "It is now proposed that in cases of a value below Rs. 20,000/- this power may be exercised by District Judges alone and in cases of higher valuation this power may be exercised by the High Court. THIS will eliminate one of the causes of delay in the disposal of suits."