KUNTA MALLA REDDY Vs. SOMA SRINIVAS REDDY

JUDGEMENT

(1.) REVISION by the 1st defendant under S. 115 of the Civil P. C. is directed against an order dated 12/03/1976 in I. A. 1012/75 in O. S. 387/75 on the file of the 2nd Addl. Judge, City Civil Court. Hyderabad dismissing the application filed by the petitioner under S. 34 of the Arbitration Act. 1940 (referred to hereinafter merely as the Act).

(2.) AT the very outset a doubt was entertained whether it is an appeal or a revision that has to be filed against the impugned order rejecting the application filed under S. 34 of Act.

(3.) THE order impugned is one passed in an application filed by the petitioner under S. 34 of the Act. An appeal under S. 39 of the Act lies against such order refusing to stay under S. 34 of the Act the legal proceedings where there is an arbitration agreement. THErefore it is not a revision under S. 115, C. P. C. that is entertainable against the impugned order but it is an appeal under S. 39 of the Act and therefore an appeal is maintainable against the impugned order. That propositional position is not disputed by the learned counsel appearing on the other side. We shall therefore treat this revision petition as an appeal under S. 39 of the Act and proceed.