HARI NARAYAP DEO Vs. RAMA NAND BHAGWAN

JUDGEMENT

(1.) THE question to be decided in this civil revision application is as to whether a suit filed under Section 9 of the Code of Civil Procedure (hereinafter to be referred to as the Code) is barred under Section 32 of the Arbitration Act (hare in afer to be referred to as the Act) even if the Award made under the Act has not been made rule of the Court but the same was registered under Section 17 (1) (b) of the Registration Act.

(2.) IT appears that the suit in question was filed by the plaintiff-opposite party No 1. In the suit, the petitioner appeared and filed an application under Order 7 Rule 11 of the Code questioning the jurisdiction of the Court to hear the suit as the same was barred under Section 32 of the Act. The applicatioa aforementioned, however, was heard as a preliminary issue and the learned Court below after hearing the parties rejected the same holding that Section 32 of the Act is not a specific bar in the preeent suit, which has been brought under Section 9 of the Code since the Award in question has not been made rule of the Court The order passed by the learned Subordinate Judge is the subject matter of this civil revision application.

(3.) MR. N. K. Prasad, has further contended that it has been settled by the several decisions of this Court as well as of the Supreme Caurt that even if an Award not being made rule of the Court is binding upon the parties when the same has been registered under Section 17 (1) (b) of the Registration Act.