NARAIN DAS Vs. CO OPERATIVE SOCIETY

JUDGEMENT

(1.) THIS is an appeal from a judgment of a learned single Judge of this Court dated 31st December 1948 holding that the appeal ]ay to the District Judge and not to the High Court & thus giving effect to the objection to the forum of appeal raised by the present respondent.

(2.) NARAIN Das appellant entered into an agreement with the Co-operative Society of Lahara village for extraction of resin at a rental of Rs. 11,425/12/6 out of which he paid to the Society Rs. 5600/- and dispute arose in regard to the balance Rs. 5825/12/6. Under Section 20, Arbitration Act, the Society made an application to the Court for filing the arbitration agreement. In the heading of this application it stated that the application was under the Indian Arbitration Act, 10 of 1940 in respect of a sum of Rs. 5825/12/6. In para. 4 of the petition the applicant stated that Rs. 5600 had been received from the then respondent and that Rs. 5825/12/6 were due from him. Mr. Har Charan Das, Sub Judge, 1st Class, Una, by an order dated 12th April 1948 ordered' the agreement to be filed. Against this order an appeal was brought to this Court and objection was successfully taken that the appeal should have been taken to the District Judge. An appeal against this judgment has been brought by the respondent NARAIN Das. ;