UNION OF INDIA (UOI) Vs. KHYBER ELECTRIC STORES
LAWS(ALL)-1965-10-40
HIGH COURT OF ALLAHABAD
Decided on October 28,1965

UNION OF INDIA (UOI) Appellant
VERSUS
Khyber Electric Stores Respondents

JUDGEMENT

- (1.)This is a revision under Section 115 Code of Civil Procedure by the Union of India through the Executive Engineer, U.P. Division, C.P.W. D. Dehradun, against the order dated 25-3-1964 of the Additional Civil Judge of Dehradun allowing the appeal of M/s. Khyber Electric Stores, opposite party and thereby setting aside the award of the Arbitrator.
(2.)The jurisdiction of the revisional court is limited by the provisions of Section 115 Code of Civil Procedure, but it can interfere under Clause (c) in case there is breach of the provisions of the law, or admissible evidence had been disregarded by the court below.
(3.)The award as filed was not on a stamped paper. The Civil Judge was under the impression that such an award was invalid and liable to be impounded. Probably, what he meant was that such an award could not be made a rule of the court. The award did not relate to immovable property and hence registration was not necessary. Section 36 of the Stamp Act clearly provides that where an instrument has been admitted in evidence, such admission shall not, except as provided under Section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument had not been duly stamped. Consequently, the lower appellate court had no jurisdiction to disregard the award on the ground that it is not duly stamped.
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