VEERASWAMY CHETTY Vs. VARADIALR CHETTY AND ORS.

JUDGEMENT

(1.) THIS is an appeal against the order of the is Additional Subordinate Judge, Nellore, refusing to set aside an award and passing a decree in terms I'M the award.

(2.) THE relevant facts may be briefly stated. The Appellant Veeraswami Chetty and first Respondent carried on business jointly in the six concerns described in the award made by the arbitrators. As disputes arose in regard to the settlement of accounts, both the parties referred the disputes lay executing a muchilika, dated 26th February, 1980. in favour of five named arbitrators. The arbitrators, after making the necessary inquiries by their award, dated 16th May, 1950, decided that a sum of Rs. 10,000 should be paid by the Appellant to Varadiah Chetty, i.e. the first Respondent herein.

(3.) A similar question arose under Code of Civil Procedure in Bitaramaiya v. Pichaiya,, 21 Mad LJ 1005 (A). where a Division Bench of the Madras High Court had to consider the question whether an appeal lay from a decree in terms of an award. There, the District Judge made an order directing that an award shall be filed and gave the Plaintiff a decree in accordance with that award. under Section 21(2) of the Code of Civil Procedure, "no appeal shall lie from such decree except in so far as the decree is in excess of or not in accordance with the award.