- (1.) THE present Revisional Application is directed against Order No. 20 dated 16th of March, 1991 passed by the learned Assistant District Judge, 9th Court. Alipore, in Misc. Case No. 36 of 1990 arising out of the Execution Case No. 14 of 1990 filed by the Opposite party, for execution of a decree, passed on an arbitration award, dated 19th july, 1983. The application which stood rejected was one under Section 47 read with Section 151 of the Code of Civil Procedure.
(2.) THE necessary facts, leading to the passing of the impugned order, may be outlined as follows :- An arbitration proceeding culminated with an award dated 29th july, 1983 which was filed, giving rise to Title Suit No. 18 of 1983 of the 9th Court of the Learned Assistant Judge. Alipore. In the said suit the plaintiff, at different stages, filed two applications. The first was under order 7 rule 10 read with Section 154 of the Code of Civil Procedure, inter alia, raising a contention that the subject matter of arbitration was beyond the jurisdiction of the Court of the Learned Assistant District judge 9th Court, Alipore, and as such plaint was liable to be rejected. The Judgment Debtor also filed another application under order 6 rule 17 of the Code of Civil Procedure seeking to introduce the plea of absence of jurisdiction of the concerned Court by way of amendment. As far as the application for amendment was concerned, the same was rejected by the Learned Trial Judge by his order dated 4th June, 1986 and the same order, not having been moved against in any higher Court, became final.
(3.) AS far as the application for rejection of the plaint was concerned, the learned Trial Judge, ultimately by his order dated. 12th February, 1986, directed the same to be heard along with the suit. After about more than hundred adjournments, the suit was ultimately decreed in terms of the award, on or about 14th of March, 1988v Such order was again challenged by an application under Order 47 Rule I and read with section 151 of the Code of civil Procedure, raising the question of lack of jurisdiction but such application was dismissed by order No. 82 dated 19th May, 1990. At this stage, it should be noted that, notwithstanding a direction for simultaneous hearing, the application made on behalf of the Judgment Debtor under Order 7 Rule 10/151 of the Code of Civil Procedure remained un disposed and no notice of court to the pendency of the same was drawn by either of the contesting parties throughout. As stated above, at the execution stage, an application was filed by way of an objection on behalf of the Judgement Debtor, inter alia, canvassing the said point which stood rejected by the impugned order.;