PENUGONDA RADHAKRISHNAMURTHY Vs. V.A.Y. ETHIRAJULU CHETTY AND CO. AND ORS.
LAWS(MAD)-1944-10-15
HIGH COURT OF MADRAS
Decided on October 18,1944

Penugonda Radhakrishnamurthy Appellant
VERSUS
V.A.Y. Ethirajulu Chetty And Co. And Ors. Respondents

JUDGEMENT

Alfred Henry Lionel Leach, C.J. - (1.) THIS is an appeal from the judgment of Kuppuswami , Ayyar, J., setting aside an order of the Principal Judge of the City Civil Court under the provisions of Section 39 of the Indian Arbitration Act, 1940, Two applications had been filed in the City Civil Court for an order extending the time allowed to an umpire for the passing of his award. The umpire awarded the first respondent a sum of Rs. 600; but the award was not made within the time allowed by law. The principal Judge of the City Civil Court refused the applications on the ground that by granting them the opposite party would lose valuable rights. The first respondent then appealed to this Court. Kuppuswami Ayyar, J., considered that the application for extension of time should have been granted, and allowed the appeal. Accordingly he sent the case back to the City Civil Court to decide the other points raised in the proceedings.
(2.) A preliminary objection has been taken! It is contended that this appeal does not lie by reason of Sub -section (2) of Section 39 which says that no second appeal shall lie from an order passed in an appeal under the section, although nothing in the section shall affect or take away a right to appeal to His Majesty in Council This objection is sound. It is true that Clause 15 of the Betters Patent, if it stood alone, would allow the appeal; but Clause 44 of the Letters Patent says that the provisions are subject inter alia to the legislative powers of the Governor -General in Legislative Council. The Indian Arbitration Act is an Act of the Central Legislature and the provisions of Section 39 must prevail. The appeal is dismissed with costs.;


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