CHHABIL DAS Vs. GOKUL DAS

JUDGEMENT

(1.) THIS is an appeal under Sec. 18 of the Rajasthan High Court Ordinance, 1949 (for short 'the Ordinance') against the judgment of the learned Single Judge of this Court dated November 8, 1985 affirming the order dated December 8, 1976 passed by the District Judge, Pratabgarh.

(2.) THE matter arises out of the proceedings under the Arbitration Act. THE Arbitrators filed their Award against which objections were filed before the learned District Judge, Pratabgarh by his order dated December 8, 1976 rejected the objections and made the Award rule of the Court against which an appeal was preferred by the objector Shri Chhabildas. That appeal was dismissed,

(3.) HOW the words "second appeal" occurring in sub-sec. (2) of Sec. 39, are to be construed came up for consideration before the Supreme Court in the case of Union of India (supra ). Their Lordships clearly observed that "in that premise the conclusion is inevitable that the expression "second appeal" used in s. 39 (2) of the Arbitration Act means a further appeal from an order passed in appeal under sec. 39 (1) and not in appeal under sec. 100 of the Civil Procedure Code. Their Lordships expressed agreement with the view taken in Madhavdas v. Vithaldas (3) by Savdekar, J. and Mulchand Kewalchand Daga vs. Kissan Dass Girdhardass (4) by Rajamannar, C. J. expressed that we agree with the learned Judges that the adjective "imports a further appeal, that is, numerically second appeal. "