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Judgment
6 paragraphs · 113 words
1.
u/s 522, Civil Procedure Code, no appeal lies against a decree on an award passed under that section ''except in so far as the decree is in
excess of, or not in accordance with the award.''
2.
Neither of these conditions exist in the present case, and we cannot accede to the contention of the appellant''s Vakil that the District Judge had
no jurisdiction to refer to the arbitration, the question whether the trustee should be removed as prayed for in the plaint. A similar ''contention was
raised and overruled in the case of Perumal Naik v. Saminatha Pillai ILR 19 M. 498.
3.
We must therefore reject this appeal with costs.