JAGDISH SINGH Vs. STATE OR BIHAR AND OTHERS

JUDGEMENT

(1.) This appeal has been filed by the plaintiff under Sec. 39(1) (vi) of the Arbitration Act against an order of the court below refusing to set aside an award. A preliminary objection was raised on behalf of the respondents that the appeal itself was not maintainable in view of the provisions contained in Sec. 17 of the Act. I shall answer this question after stating the facts of the case in brief.

(2.) The appellant entered into a building contract with the Collector of Gaya acting on behalf of the State of Bihar in the year 1950 containing an arbitration clause. Since a dispute arose in the settlement of the bills of the appellants, he filed an application under Sec. 20 of the Act in the court and in due course reference was made by the court below to the Superintending Engineer, Rural Engineering Organisation, Patna Circle. The award was submitted on 27.6.1978 by the Arbitrator, to which the appellant filed objection.

(3.) The learned Government Pleader No. V on reference to the case of Girdhar Prasad and others v/s. Ambika Prasad Thakur and others ( : AIR 1969 Pat 218 : 1969 PLJR 82), submitted that since the court below had already passed a judgment and decree in terms of the award, the appeal did not fall within clause (vi) of Sec. 39(1) and the appeal was barred.