T VENKATACHALLA REDDI Vs. TRANGIAH REDDI

JUDGEMENT

(1.) This is an appeal against an order of the District Judge of North Arcot under Schedule II, aragraph 17, Civil Procedure Code, filing an agreement to arbitrate presented by certain parties to O.S. 8 of 1907 on its file and making an order of reference thereon.

(2.) The learned vakil for the respondent took the preliminary objection that under the old C.P.C., no appeal lay against such an order and that, although the order was passed after the new code came into force, jet in as much as the application to file was presented under the old code Section 104(d) of the new code cannot be given retrospective effect.

(3.) It is unnecessary to discuss the somewhat knotty point involved in the latter part of this contention, in as much as we are clearly of opinion that there was a right of appeal even under the old code. This is laid down by their Lordships of the Privy Council in Gulam Khan v. Muhammad Hussan (1902) I.L.R. 29 C. 167, which has been followed by a full bench of this Court in Suriyanarayana v. Sarabiah (1909) 21 M.L.J. 263, and also in Tiruvangadathiengar v. Vaithinatha Aiyar (1905) I.L.R. 29 M. 303. This latter case deals with an order filing an award under Section 525 of the old Code of Civil Procedure (paragraph 20 of Schedule II) but orders on such an application and an application under Section 523 (paragraph 17 of Schedule II) are dealt with on the same footing by the Privy Council in Gulam Khan v. Muhammad Hussan (1902) I.L.R. 29 C. 167, and the opinions expressed that the order in each case is a decree. If a decree, it is indisputably appealable. This disposes of the preliminary, objection.