MAHESH CHAND Vs. PURAN CHAND

JUDGEMENT

(1.) THIS case was referrd by me to a larger Bench in View of the importance of the question involved.

(2.) THE precise question, that requires determination, is whether a suit, in which there is a reference to arbitration and a decree follows on the award and is made a rule of the Court under Section 17 of the Arbitration Act, would be governed by the Provisions of Section 11 of the Court-fees Act ?

(3.) AFTER hearing the learned Counsel for the parties at length, I am of the view that the objection of the Judgment-debtors is well founded and must prevail. There is no provision in the Arbitration Act which, either by necessary implication or specifically, overrides the provision of Section 11. Mr. R. N. Mittal, who appears for the decree-holder, contends that inasmuch as a decree under Section 11 in a reference outside Court does not a decree in a suit does not require Court-fees when it is an award-decree an is passed under Sec 17 of the Arbitration Act. I am unable to agree with this contention. Section 11 of the Court -fees Act reads thus:---