MAFIZUDDIN BHUYAN AND ANR. Vs. ALIMUDDIN BHUYAN AND ORS.

JUDGEMENT

(1.) THIS is an application under Section 115, Civil P.C., directed against an order of the learned Additional Subordinate Judge, L. A. D. dated 30th November 1949, by which he dismissed the applicants' appeal on the ground that BO appeal lay from an order passed by the Munsiff of Nowgong who had dismissed certain objections to an award on the ground that they were filed beyond time. The learned Subordinate Judge, while dismissing the appeal on the ground that no appeal lay, agreed with the Munsiff that the objections to the award were filed beyond time.

(2.) IT is contended on behalf of the applicant that the learned Sub -Judge was in error in holding that no appeal lay. We think this contention must prevail. Whether objections to an award are dismissed on the merits or they are dismissed on the ground that they are filed beyond time, the Court by dismissing them in effect refuses to set aside the award, and an order refusing to set aside an award is clearly appealable under Section 39, Arbitration Act.

(3.) IN a case reported in Hola Ram Verhomal v. Governor -General of India in Council,, A.I.R. 1947 Sind 145: (I. L. R. (1946) Kar. 459), the view taken was that an order refusing to set aside an award on the ground that objections were filed out of time, was an appealable order under Section 39, Arbitration Act. The learned Sub -Judge has referred to a decision of the Rangoon High Court reported in D. B. Das v. Daya Lal & Sons, A.I.R. 1933 Rang 88: (142 I.C. 835), but that decision was given before the passing of the Arbitration Act of 1940.