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Judgment
The argument is that the Subordinate Judge had no jurisdiction to enquire into the grounds or validity of the award apart from such grounds as
would fall under Sections 520 and 521 of the Code of Civil Procedure, his authority being limited u/s 526 to the matters mentioned in those two
Sections
It is true that different views of this matter have been taken by the different High Courts. In our opinion, the correct view is that held by the Full
Bench of the Allahabad High Court in Amrit Ram v. Dasrat Ram ILR (1894) A., 21. It is also in accordance with an opinion expressed by this
Court so far back as 1881, in Miohraya v. Sadasiva Paramo ILR (1881) M. 319, which we believe has always been acted on"". The weight due to
that opinion and practice is not lessened by the fact that the decision in that case, so far as it relates to the right of appeal, has since been overruled
in Husamanna v. Linganna ILR (1895) M. 423. No doubt, Parker, J., has in this case expressed himself as inclined to take a different view, but
we, however, are unable to do so.
The objection that the Subordinate Judge had no jurisdiction, therefore, fails and this decision in the previous case must be held to be binding in
the present suit.
The appeal fails and is dismissed with costs.