RAJIV KUMAR SHARMA Vs. BIMLA RANI AGGARWAL

JUDGEMENT

(1.) This revision petition is directed against the order of the Subordinate Judge, First Class, Chandigarh, dated September 3, 1983, whereby the award dated June 23, 1981, was set aside at the instance of Bimla Rani Aggarwal, respondent.

(2.) A preliminary objection has been raised on behalf of the respondents that such an order setting aside the award was appealable under Section 39 of the Arbitration Act, 1940 (hereinafter called the Act), and, therefore, the revision petition was not maintainable. It was also contended that in view of the provisions of Section 115, Code of Civil Procedure (hereinafter called the Code), when an appeal lies either to the High Court or to any Court subordinate thereto, the High Court shall not vary or reverse any order thereunder. No meaningful argument could be raised on behalf of the petitioners to challenge the said preliminary objection raised on behalf of the respondents. Under Section 39 of the Act, an order setting aside or refusing to set aside an award is an appealable one. In view of the provisions of Section 115 of the Code, when an appeal lies against an order, the High Court shall not vary or reverse any such order.

(3.) Faced with this situation, the learned counsel for the petitioners submitted that this revision petition be treated as an appeal because according to the learned counsel, the appeal also lay to this Court against the impugned order.