P.D.KUDAL, J. - (1.) THIS is a civil miscellaneous appeal under Section 39(6) of the Indian Arbitration Act, 1940 against the order of the learned District Judge, Jaipur City, dated July 7, 1972, whereby the application filed by the appellant under Section 33 of the Indian Arbitration Act was dismissed.
(2.) ON behalf of the respondent a preliminary objection was raised that an appeal under Section 39(6) of the Indian Arbitration Act is not maintainable against an order rejecting the application under Section 33 of the Indian Arbitration Act, refusing to invalidate the agreement for arbitration. The appellant filed an appeal before this Court on August 14, 1972. The award was passed by Shri Damodar Pandaya on June 16, 1970, against which no application was made by the appellant before the learned District Judge under Section 30 of the Indian Arbitration Act to set aside the award, and thus, the award became final. The validity of the award is now being challenged in this appeal.
(3.) THE question before us is, whether the validity of the award can be challenged in this appeal. We may here mention that on November 22, 1972, the Court passed as order directing the learned District Judge not to make the award a rule of the Court without express permission from this Court.;