LALCHAND AGARWAL Vs. KESHAORAO JAMTHE

JUDGEMENT

(1.) THIS is a Miscellaneous (First) Appeal against an order passed by the Civil Judge (Class I), Chhindwara, in Civil Suit No. 2-B of 1952, decided on 9-7-1956.

(2.) THE suit was filed on 14-2-1952 to recover a sum of Rs. 7,000/- alleged to be due on a promissory note dated 15-2-1949 executed by the defendant. After issues were framed and some witnesses examined on commission, the parties on 6-7-1955 requested the Court to refer the dispute to arbitration. The arbitrators submitted their award which was objected to by the defendant. The objections were overruled and on 9-7- 1956 a decree in terms of the award was drawn up. The present appeal was filed by the defendant in this Court under Section 39 (vi)of the Arbitration Act on 24-7-1956 and he also asked for a stay of the decree.

(3.) IN answer to a notice issued in the stay matter the plaintifis appeared and contended that the appeal was not tenable, an objection which the office had also raised and which it was convenient to hear in the presence of the rival parties. The objection is that though under the Central Provinces and Berar Courts Act, 1917 (Act No. I of 1917) an appeal from the order or decree of a Civil Judge, Class I, lay to the High Court, by virtue of the Madhya Pradesh Courts (Amendment) Act, 1956 (Act No. II of 1956) the (present appeal ought to have been filed before the district Court.