ROSHANLAL THAKUR Vs. KISHANLAL KAPOOR

JUDGEMENT

(1.) THE Plaintiff in Title Suit No. 256 of 1969 has preferred this appeal against the order of the Court below refusing to set aside the award passed by the Arbitrator under Section 14 of the Arbitration Act, 1940 (hereinafter referred to as the' Act').

(2.) THE Plaintiff made an application under Section 20 of the Act to refer the dispute between him and the Defendant arising out of a partnership firm to an Arbitrator as per the terms contained in the deed of partnership agreement between them. The Court referred the following two matters for arbitration to an Arbitrator appointed by it:

(3.) AT the outset Mr. Mohanty, the learned Counsel for the Respondent, urged that this appeal was not maintainable as the final order sought to be challenged by this appeal amounted to a decree as per Section 17 of the Act, and by this appeal it was not challenged that the said decree was in excess of of otherwise not in accordance with the said award, on which grounds alone an appeal would lie against such a final order as provided under Section 17 of the Act.