R.S. Pathak, J. - (1.) THIS is a revision application by one Abhimanyu Pandey against an order of the learned Third Addl. Civil Judge, Varanasi dismissing his application Under Section 14 of the Indian Arbitration Act, 1940.
(2.) THE Applicant applied Under Section 14 of the Arbitration Act alleging that an arbitration award had been made between the parties and praying that the arbitrators be called upon to file the award and that a decree be made in terms of the award. A number of issues were framed by the learned Third Addl. Civil Judge, one of them related to the question whether the court had jurisdiction to try the suit. He took the view that the dispute between the parties was one in respect of which a suit in a civil court was precluded by Section 331 of the UP ZA and LR Act, being a suit which properly lay before a revenue court. Holding that he had no jurisdiction, he made an order "dismissing the suit". At the outset, a preliminary objection has been raised by learned Counsel for the Respondents. It is urged that the impugned order is in law a decree and therefore, subject to appeal. It is said that while it is not one of the appealable orders Under Section 39 of the Arbitration Act it is an order disposing of a suit and attributable to the power of the court Under Order VII, Rule 11(d) of the Code of Civil Procedure. It is urged that the order is one rejecting a plaint and therefore, a decree within the definition set out in Section 2(2) of the Code. Accordingly, learned Counsel submits, an appeal lies Under Section 96 of the Code. The contention proceeds principally upon the basis that the application Under Section 14 of the Arbitration Act is a plaint and that the proceeding is a suit and we are referred to Rule 5 of Ch. XXXI of the Rules of Court which provides: A case in which an award is filed Under Section 14 (2) shall be numbered and registered as a suit.... It is pointed out that the practice adopted by the courts below in giving effect to Rule 5 of Ch. XXXI is to adopt the procedure applicable to suits.
(3.) SECTION 14 of the Arbitration Act entitles a party to apply to the court for calling upon the arbitrators to file the award made by them and requires the court thereupon to give notice to the parties of the filing of the award. Section 15 of the Act empowers the court to make an order modifying or correcting the award. And Section 16 empowers the court to remand the award from time to time to the arbitrators for reconsideration. Under Section 17 the Court, in a case where the award is not remitted or any of the matters referred to arbitration are not sent down for reconsideration or the award is not set aside, is empowered to pronounce judgment according to the award and upon the judgment to pronounce a decree follows.;