MUSSAMUT BIBI NASRAN Vs. SYAD WALI ALAM

JUDGEMENT

(1.) It appears in this case that certain disputes between the defendant, appellant and plaintiff, respondent, were referred to private arbitrators. The opposite party (Bibi Nasran) applied to the Court below, under section 327 of Act VIII of 1859, on a stamp of the value of ordinary petitions to the lower Court, viz., one rupee.

(2.) The present appeal on the part of the defendant is brought on a stamp of two rupees, and not on a stamp required for a regular appeal. Two objections have been taken by the pleader for the opposite party; 1st, that no appeal at all will lie; and 2nd, that if any appeal will lie, the appeal ought to have been presented on a stamp required for a regular appeal, and not upon a two rupee stamp.

(3.) There is no ground for the first contention that no appeal at all will lie, inasmuch as there can be no doubt that, under the provisions of section 325 the order for the execution of the arbitration award must be considered to be a decree of Court; an appeal will therefore lie.