RATAN KUMARI Vs. CHANDRA MOHAN PRASAD

JUDGEMENT

(1.) THIS is a special appeal u/s 18 of the Rajasthan High Court Ordinance, 1949 against the order dated 20th May, 1986 passed by learned Single Judge, dismissing the miscellaneous appeal under Order 43 Rule I (r) C. P. C. against the order passed by the District Judge, Kota, dismissing application for injunction of the petitioner under Order 39 Rule 1 and 2 CPC, in a pending Civil Suit.

(2.) IT is not necessary for us to go into the merits of the appeal as learned counsel for the respondents has raised a preliminary objection with regard to the maintainability of this appeal in view of bar u/s 104 (2) CPC.

(3.) ON the other hand, learned counsel for the appellant has submitted that special appeal is maintainable and has placed reliance on Gulab Bai V. Puniya (8) which was a matter in which special appeal had been filed against the decision of the learned Single Judge while he was hearing an appeal u/s 47 of the Guardians and Wards Act, though section 48 of the Arbitration Act provides "save as provided by the last foregoing section and section 622 of the C. P. C. an order made under this Act shall be final and shall not be liable to be contested by suit or otherwise. In this very case, the Supreme Court has further observed that what is made final by Section 48 is an order under this Act and the context show that it is an order made by the trial court under one or the other provision of the Act. The finality prescribed for the order made under this Act is subject to the provisions of Sections 47 and 622 of the earlier Code which corresponds to Section 115 of the present C. P. C. Thus, the scope and purpose of Sec. 48 is to make the orders passed by the trial court final subject to the result of the appeal or revision which may be preferred against the same. Thus, this case is quite distinguishable and does not help to the appellant.