JUDGEMENT :- In both the Civil Appeals being No. 6 of 1979 and No. 2 of 1980, a common question has been raised relating to the amount of Court-fees payable for these appeals and the said question has been, as it should be, heard as a preliminary point. It has been urged by the learned counsel for both the appellant and the respondent in both the appeals that there is no provision in the Sikkim Court-fees Law providing for Court-fees payable for applications under the provisions of the Arbitration Act, 1940, or for any appeal from any order passed on any such application. As the question raised relates to revenue of the State, notice was issued to the Advocate General to represent the State and the learned Advocate-General has appeared in pursuance thereof and has made his submissions. This judgment shall govern both the appeals.

2. Arbitration Act, 1940, provides for various types of applications, its anxiety being, as demonstrated in Section 32 and Section 33 thereof, to shut out all suits and to permit an arbitration agreement or award to be enforced, set aside, amended, modified or in any way affected only by applications. The Act has not yet been extended to Sikkim by