ABDUL RAZAQ Vs. DHOOP CHAND

JUDGEMENT

(1.) THIS is a civil miscellaneous appeal under Section 39(6) of the Indian Arbitration Act, 1940 against the order of the learned District Judge, Jaipur City, dated July 7, 1972, whereby the application filed by the appellant under Section 33 of the Indian Arbitration Act was dismissed.

(2.) ON behalf of the respondent a preliminary objection was raised that an appeal under Section 39(6) of the Indian Arbitration Act is not maintainable against an order rejecting the application under Section 33 of the Indian Arbitration Act, refusing to invalidate the agreement for arbitration.

(3.) THE question before us is, whether the validity of the award can be challenged in this appeal. We may here mention that on November 22, 1972, the Court passed as order directing the learned District Judge not to make the award a rule of the Court without express permission from this Court.