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J U D G M E N T G.N.Ray.J. Leave granted.

Heard learned counsel for the parties. This appeal is directed against the judgment dated October 8, 1991 passed by the Division Bench of Gauhati High Court in Civil Revision Case No.74 (SH) of 1989. The aforesaid decision was made by the Division Bench of the High Court on a reference by a learned Single Judge of the Gauhati High Court in the said Civil Revision Case No.74 (SH) of 1989. The learned Single Judge having disagreed with a decision by a Single Bench of the Gauhati High Court in Union of India Vs. D.S.Narula & Co, in Civil Revision No.33(H) of 1985 (1991 GLJ 400) that no revision lies against the appellate judgment passed in the appeal under Section 39 of the Arbitration Act, referred the Revision Case to the Division Bench for deciding the maintainability of the Revision Petition filed under Rule 36A of the Rules for the Administration of Justice and Police in the Khasi and Janitia HIlls 1937. against the appellate order dated March 28, 1968 passed by the learned Additional Deputy Commissioner, East Khasi Nille, Shillong arising out of the order dated July 21, 1984 passed by the Assistant to the Deputy Commissioner at Shillong rejecting the objections made under Section 30 of the Arbitration Act and making the award in question, a rule of court.

The respondent challenged the said appellate order by filing a revision petition under Rule 36 A of the Rules for the Administration of Justice and Police in the Khasi and Janitia HIlls, 1937 before a Single Bench of the Gauhati High Court.

The learned Single Bench was of the view that the said revision petition under Rule 36 A was maintainable by disagreeing with a contrary view expressed by another Single Bench of the said High Court in the case of Union of India Vs. D. S. Narula & Co. and referred the revision case for adjudication of the issue as to maintainability of the said revision application by a Division Bench of the Gauhati High Court.

It will also be appropriate at this stage to refer to the relevant provisions of the Rules for the Administration of Justice and Police in the Khasi and Janitia Hills. 1937 (hereinafter referred to as the Rules). The Rules were published under Notification No.2618-A.P. dated March 29, 1937 after they were promulgated by the Governor under the powers vested in him by Section 6 of the Scheduled Districts Act XIV of 1874. These Rules extend to the whole of the United Khasi Janitia Hills Districts excluding the areas which were known as the Khasi States before the commencement appropriate Single Bench of the High Court.

(emphasis supplied) The contention of the learned counsel for the appellant that the Rules apply to the disputes between the tribes knwon as the Khasi or the Janitias cannot be accepted. Such contention does not appear to have been raised before the High Court. Moreover, no material has been placed before us to indicate that the Rules are applicable only to Khasi or Janitia tribes. It appears to us on a reference to Chapter IV of the Rules dealing with administration of civil justice that a special forum for trial of civil disputes has been made in respect of the area where Rules have been made applicable. The specific provision of referring all disputes to village Panchayats in which the parties are indioenous inhabitants of the hill in Rule 32 only indicates that such reference is to be made in respect of all indigenous inhabitants of the hill and not only in respect of members of Khasi or Janitia tribes. Similarly, in Rule 36A, the High Court has been made a court of appeal from an original decision of the Deputy Commissioner if the suit involves question of tribal rights and customs. Such provision indicates that the original decision of Deputy Commissioner may be in respect of other matters and in respect of persons other than Khasi and Janitia tribals.