Girdhar Malaviya, J. - (1.) This appeal has been filed by the State of U.P. under Section 39 of the Arbitration Act against the judgment dated 14-10-1978 rejecting the objections preferred by it under Section 30 of the said Act. The learned District Judge dismissed the objections holding that none of them had any substance.
(2.) A part from the objections disposed of by the aforesaid order, the appellant State of U.P. took two more points against the award : (i) that the award was compulsorily register-able, and (2) that the award being on an unstamped paper, was in admissible in evidence. These two objections were decided by the learned District Judge by a separate order dated 14-10-1978. He upheld the plea of the document being on unstamped paper as inadmissible in evidence, but decided the controversy about the registration against the State. The District Judge ordered: "The award is impounded and is directed to be sent to the Collector immediately under Section 38 of the Stamp Act in Original for realization of the duty and penalty, and after it returning the award for further action by this Court. Let a formal order be prepared."
(3.) This order was challenged by L.T. Col. Manabendra Shah of Tehri Garhwal by a belated revisions No. 422 of 1988, filed after 10 years 94 days. The revision has been disposed of by us by a separate judgment pronounced today. We have held that the award was inadmissible on account of Section 35 of the Stamp Act, and an award given on an unstamped paper is not invalid attracting Section 30 of the Arbitration Act.;