RAM SARUP JAIN Vs. RAM CHANDER AND OTHERS

JUDGEMENT

(1.) RAM Sarup filed a suit against Ram Chander and others and during the pendency of the same the dispute was referred to four arbitrators, on an application made for that purpose by the parties. The arbitrators entered upon the reference and later filed the award in Court. The Defendants put in objections against the said award. The allegations made by the Defendants were denied by the Plaintiffs and thereupon an issue was struck in the case as to whether there were sufficient grounds for setting aside the award. Vide order dated 28th March, 1970, the Subordinate Judge, Ist Class, Sonepat who was dealing with the case, set aside the award and also superseded the reference. Against that decision, the present revision petition has been filed under Section 115 of the Code of Civil Procedure by the Plaintiff.

(2.) A preliminary objection has been raised by the learned Counsel for the Defendants to the effect that this revision petition should be rejected on the ground that the order setting aside the award was appealable under Section 39 of the Arbitration Act and the Plaintiff should have filed an appeal against the same before the competent Court and not challenged it by way of a revision petition in this Court.

(3.) IN the present case, I see no special reason to make a departure from the general rule mentioned above. The revision petition, consequently, fails and dismissed, but with no order as to costs.