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Judgment
Sabhahit, J.—This appeal u/s 39(1)(v) of the Arbitration Act, 1940, by defendants 1 to 3 before the Principal Civil Judge, Bangalore District, Bangalore, is directed against the order dated 22-3-1978, passed by the Principal Civil Judge, Bangalore District, Bangalore, on I.A.No.II in Original Suit Number 165 of 1977, on his file, rejecting I.A.No.II for stay of proceedings in the suit viz., Original Suit No.165 of 1977.
When the appeal came up for hearing, Shri S.G. Sundaraswamy, learned Advocate appearing for the respondent; raised a preliminary objection that this appeal instituted u/s 39(1)(v) of the Arbitration Act lies before a single Judge of this court and not before a Division Bench.
That was resisted by Shri V. Krishnamurthy, learned Advocate appearing for the appellants. He submitted that having regard to the peculiar wordings of Section 39(1) of the Arbitration Act, the appeal lies only to a Division Bench of this court which is competent to hear appeals from original decrees passed by the Civil Judge in a suit the value of which exceeds Rs.20,000/-.
The preliminary point, therefore, that arises for our consideration in this appeal is : ''whether a Division Bench of this court is competent to hear the present appeal?
There is no dispute that the power to institute an appeal is provided for in Section 39(1)(v) of the Arbitration Act. The relevant portion of the section reads :
"39 (1). An appeal shall lie from the following orders passed under this Act (and from no others) to the court authorised by law to hear appeals from original decrees of the court passing the order :-