V.G. Oak, J. - (1.) The question for consideration in this Civil Revision is whether a certain civil court in district Moradabad is competent to dispose of an objection against an award. The question arises under the following circumstances
(2.) Rup Kishore is a contractor of district Moradabad. There were certain disputes between Rup Kishore on one side and the Union of India and the Deputy Chief Engineer, Northern Railway, on the other side. On 1 -6 -1963 Rup Kishore applied to the court of the Civil Judge Moradabad for referring the dispute to arbitration under Sec. 20 of the Arbitration Act (hereinafter referred to as the Act). In pursuance of that application, the learned Civil Judge made a reference to arbitration. Later the case was transferred from the file of the Civil Judge, Moradabad to the file of the Judge, Small Cause Court. Moradabad who had powers of an Additional Civil Judge. The Arbitrator gave his award on 14 -5 -1966. The award was submitted to court. On 5 -7 -1065 the Union of India filed an objection against the award. On 4 -8 -1965, the case was transferred from the file of the Judge, Small Cause Court, Moradabad to the file of the Additional Civil Judge, Moradabad. On 30 -9 -1965 the Union of India filed a preliminary objection that the court had no jurisdiction in the matter. That preliminary objection was rejected by the Additional Civil Judge, Moradabad on 12 -10 -1965. The present civil revision by Union of India is directed against that order, dated 12 -10 -1965.
(3.) Mr. Sanyal appearing for the applicant points out that, whereas the award was filed in the court of the Judge. Small Cause Court, and the objection dated 5 -7 -1965 against the award was filed in the same court, it is the Additional Civil Judge, Moradabad who is now trying to dispose of that objection. It was urged for the applicant that this procedure is prohibited by Sec. 31 of the Act.;