JOGINDERNAGAR MULTI PURPOSE CO OP SOC LTD Vs. NARAIN DASS
LAWS(HPH)-1991-7-3
HIGH COURT OF HIMACHAL PRADESH
Decided on July 25,1991

JOGINDERAAGAR MULTI-PURPOSE CO-OPERATIVE SOCIETY Appellant
VERSUS
NARAIN DASS Respondents

JUDGEMENT

V.K.Mehrotra, C.J. - (1.) By the order under challenge, under Section 115, C.P.C., the learned Sub-Judge 1st Class Jogindernagar, District Mandi, has decreed the suit of the plaintiff-respondent and held that the order passed by an Arbitrator on November I, 1981 in a dispute between the parties was null and void and was not binding upon the plaintiff. Further, that on account of illegal order of the Arbitrator the subsequent proceedings, including the order of attachment dated December 12, 1988 passed by the Recovery Tehsildar, Mandi, was also not binding upon the plaintiff.
(2.) An appeal lay against the impugned decree passed by the learned Sub-Judge on February 5, 1991, under Section 96, C.P.C. No appeal was filed by the Society which, instead, has approached this Court through the present application under Section 115, C P.C
(3.) Sub-section (2) of Section 115, after its amendment with effect from February 1, 1977, by the C.P.C. (Amendment) Act, 1976 (Act 104 of 1976) provides that: "(2) The High Court, shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto. Explanation..............";


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