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1979 Supreme(All) 173

SATISH CHANDRA
JUPITER CHIT FUND (PRIVATE) LTD. , KANPUR – Appellant
Versus
DWARIKA DHISH DAYAL – Respondent


Advocates Appeared:
Prabodh Gaur, S.C.TRIPATHI, V.K.BARMAN

SATISH CHANDRA, C. J.

( 1 ) THIS revision under Section 115 of the Code of Civil Procedure is directed against an order passed by the Additional District Judge, Kanpur, allowing a revision and setting aside an arbitration award. The revision was filed in this Court on January 31, 1977 and the same day it was admitted and connected with other similar revisions. Notice was directed to issue on that day.

( 2 ) THE valuation of the subject-matter of the revision was below Rupees 20,000/ -. Learned counsel for the opposite parties have raised a preliminary objection that the revision was not maintainable in this Court, In support, reliance was placed upon Indian Oil Corporation v. Kishore Bandhu (1978 All LJ 176 ). In that case, a Division Bench held that a case arising out of a proceeding under Section 20 of the Arbitration Act is not amenable to revision under Section 115 of the Civil P. C. as amended by the U. P. Civil Laws (Amendment) Act, 1973 because section 115 as so amended was confined to cases arising out of original suits. Proceedings under sections 14 to 17, 20, 21, 32, 33, and 34 of the Arbitration Act are not proceedings in the nature of a suit. This decision squarely appl





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