HAKIM ULLAH Vs. KARIM BUX

JUDGEMENT

(1.) THIS is an application in revision in a case in whinh a Court of Small Causes had safe aside an award made in favour of the plaintiffs and after trying the case on the merits has passed a decree dismissing the suit the plaintiff's case is that the Gourd below acted illegally in setting aside the award. A reference to facts appearing on the record will show that this was in fact the case. the ground on which the award was superseded was that the defendant had put in a plea of payment which the arbitrators had not considered. Now even if this was a valid plea it would not be a ground for setting aside the award but for remitting it for reconsideration under Rule 14 of Schedule II of the Civil P. C. the ground on which an award can be set aside is given in Rule 15 and this is not such a ground. But in fact the ground on which the learned Judge has proceeded has no substance in fact. As this ultimate judgment shows there was no dispute between the parties as to the amount paid by the defendant which was Rs. 340. The whole dispute was whether the first two of the items in respect of which the plaintiff's claim was dismissed had really been supplied by the plaintiff or not. Furthermore the issues on which the arbitrators decided the case were framed by the parties themselves. There was therefore no room for any suggestion that any issue had bean left undecided. As the Court below acted illegally in setting aside the award I hereby sat aside its decision and direct that a decree be prepared in accordance with the award under Rule 16 of the second schedule of the Code of Civil Procedure. The respondent has objected that the application in revision should have been made immediately after the award was set aside and without waiting for the case to be decided. THIS objection finds no support in the language of Section 25 of the Provincial Small Cause Courts Act, which says that a High Court may call for the record and pass orders "in any case decided by a Court of Small Causes". Until the case had been decided the applicant had no locus standi to apply in revision the applicant will therefore gat his-costs in this Court. Costs of the Court below are provided for in the award.