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1950 Supreme(Mad) 55

HORWILL, BALAKRISHNA AYYAR
M. Venkatasamiappa – Appellant
Versus
Srinidhi, Ltd. – Respondent


Advocates:
M. Ranganatha Sastri for Appellant.
Viswanatha Ayyar and J.V. Srinivasa Rao for Respondents.

Judgment

Horwill, J.-I have had the advantage of reading the judgment that my learned brother is about to deliver and respectfully agree with its reasoning. It seems to me that much of the difficulty that has arisen in this and similar cases is due to the overlooking of the fact that section 2(c) of the Act merely defines the word “court”, and that if one has to decide which of the courts satisfying the definition of the word “court”, in section 2(c) is the court in which the award has to be filed, one must look to section 31(1) and that section alone. Section 2(c) does not purport to prescribe the court in which the award should be filed. It restricts the meaning of the word “court” to the class of civil courts that can decide the questions forming the subject-matter of the reference if they had arisen in a suit properly before the court. The difficulty in the construction of this section arises only from the circumstance that the word “court” would have meanings which would vary with the subject-matter of the reference. In the present case, for example, District Munsif’s Courts would not be courts within the definition. If now we have regard to section 31(1) to ascertain in which



































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