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1 - 3 of 3 (0.68 seconds)The Code of Civil Procedure, 1908
Chhabba Lal vs Kallu Lal on 21 January, 1946
The point for consideration by the Privy Council was whether
a proceeding under paragraph 15(1)(c) was indicated or
whether an appeal could be regarded as an appropriate
proceeding; but it was assumed that a proceeding had to be
adopted to challenge the award. The decision of the Privy
Council was that the validity of the award could be
challenged by an appeal because it could not have been
challenged under paragraph 15(1)(c). Since it could not be
challenged under paragraph 15(1)(c), according to the Privy
Council paragraph 16(2) could not be invoked against the
competence of the appeal. It is unnecessary
776
for us to examine the merits of the said decision in the
present appeal. All that we are concerned to point out is
that the observation in the judgment on which Mr. Jha relies
cannot be treated as a decision on the interpretation of 0.
32, r. 7(2). That question did not directly arise before
the Privy Council and should not be treated as concluded by
the observation in question. As we have already pointed
out, the words used in 0. 32, r. 7(2) are plain and
unambiguous and they do not lend any support to the argument
that non-compliance with 0. 32, r. 7(1) would make the
impugned decree a nullity.
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