BHEESHAM DEV Vs. KRISHAN BALDEV AND ORS

JUDGEMENT

(1.) This revision petition is directed against the order dated 20.8.2009 by which an application under Order 7 Rule 11 Code of Civil Procedure filed by the Petitioner has been declined.

(2.) The facts of the case are that an arbitration award came into existence which was in favour of the Respondents. They moved an application for making it a rule of Court which application was dismissed on 25.2.2002 by Civil Judge, (Sr. Divn.). The Respondents did not assail that order and then after more than 2 1/2 years they filed the instant suit with the following prayer:

(3.) Learned Counsel for the Petitioner contends that the instant suit was totally mis-conceived and cannot be permitted to progress and therefore the application under Order 7 Rule 11 Code of Civil Procedure was rightly filed but the learned Trial Court has gone wrong in declining the prayer of the Petitioner. He contended that if the Respondents had any grievance against the order dated 25.2.2002 passed by the Civil Judge, Sr. Divn. declining the prayer to make the arbitration award a rule of Court in Arbitration Case No. 62/2 of 1998 then in such an eventuality it was open to him to challenge the said order in appeal or revision, as the case may be, but in no circumstance he can file the suit that the said order be declared ineffective, null, void ab initio.