NAMBI AIYANGAR Vs. NARAYANA
LAWS(PVC)-1901-8-18
PRIVY COUNCIL
Decided on August 12,1901

NAMBI AIYANGAR Appellant
VERSUS
NARAYANA Respondents

JUDGEMENT

- (1.) Under Section 522, Civil Procedure Code, no appeal lies against a decree on an award passed under that section "except in so far as the decree is in excess of, or not in accordance with, the award."
(2.) Neither of these conditions exist in the present case, and we cannot accede to the contention of the appellant's Vakil that the District Judge had no jurisdiction to refer to the arbitrator the question whether the trustee should be removed as prayed for in the plaint. A similar contention was raised and overruled in the case reported, in I.L.R. 19 M. 498, Perumal Naik V/s. Saminatha Pillai.
(3.) We must, therefore, reject this appeal with costs.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.