Dinesh Mehta, J. - (1.) The present appeal under Section 96 of the Code of Civil Procedure has been preferred by the appellant-State of Rajasthan against the judgment dated 11.10.1989 passed by learned District Judge, Sri Ganganagar, whereby the award dated 31.03.1983 passed by the sole arbitrator Mr. K.L. Bhatia has been made rule of the Court.
(2.) Though, instant appeal under Section 96 of the Code of Civil Procedure challenging an order passed by the Court, making an award rule of the Court is not maintainable and an appeal under Section 39 of the Arbitration and Conciliation Act, 1940 ought to have been filed, nevertheless, as the present appeal had been admitted and is pending consideration before this Court since 1990, it would not be appropriate to dismiss it on this count.
(3.) In view of the above, the present appeal, though filed under Section 96 of the Code of Civil Procedure is being decided within the contours and parameters of Section 39 read with other provisions of the Arbitration Act, 1940.;