SUKHDEV SINGH Vs. STATE

JUDGEMENT

(1.) The above appeal has been filed as a second appeal against the judgment and decree passed by the learned Senior Sub-Judge, Kullu, making the award passed by the arbitrator in this case on 31.12.1985 as a rule of the Court, the appellant herein having unsuccessfully challenged the same also in C.A. No. 9 of 1988 on the file of the learned Addl. District Judge, Kullu.

(2.) Though the appeal has been filed as a second appeal, it is by now well settled and there is no serious dispute for the position that no second appeal as such lies in view of Section 39(2) of the Arbitration Act, 1940 which stipulates that no second appeal shall lie from an order passed in an appeal under Section 39. At the same time in Shyam Sunder Agarwal & Co. v. Union of India, their Lord ships of the apex Court held that a revision under Section 115, C.P.C. would lie. In view of the above, accepting the oral request made by the learned Counsel for the appellant, the appeal is ordered to be converted into a revision and the same as a consequence thereof will be dealt with, as a revision, hereinafter,

(3.) Mr. Rajiv Sharma, learned counsel appearing for the appellant urged two substantial grounds of challenge to the decree passed by the courts below by making the award in this case the rule of the Court, the first or the grounds of challenge being that the award has not been filed within the period of limitation prescribed therefor and on that ground the courts below ought to have rejected the claim of the respondent holding that the claim is barred. Reliance has been placed on Article 119(a) of the Schedule to the Limitation Act, 1963 in this regard which stipulated that a period of 30 days to commence from the date of notice of the making of the award. The second objection that has been raised is that the award has not been duly stamped and, therefore, the document in question cannot be used in evidence to sustain any right or give any relief on the basis of such document which is otherwise inadmissible in law having regard to Section 35 of the Indian Stamp Act, 1899.