Subbiah Iyer vs Subramania Iyer and Others

This appeal raises an interesting question as to which there is apparently no precise authority. The question is, whether after the Court has

remitted an award to the arbitrators u/s 520, Civil Procedure Code, and the arbitrators have submitted a revised award and the Court has given

judgment u/s 522, Civil Procedure Code, according to the revised award, and a decree has followed thereon, an appeal wirlie from such decree

on the ground that the order of remittal u/s 520, Civil Procedure Code, was wrong and that the original award ought to have been accepted and

acted on. Section 522, Civil Procedure Code, says that no appeal shall lie from the decree so passed except in so far as the decree is in excess of,

or not in accordance with, the award, and this, in our opinion, means the award according to which judgment was given, which is, of course, the

revised award. The present decree is in accordance with the revised award, and, in our opinion, Section 522, Civil Procedure Code, bars an

appeal on the ground that the earlier order of remittal u/s 520, Civil Procedure Code, was wrongly made.

It was not contended that an appeal would lie against a decree passed by the Court in accordance with the award on the ground that the Court

had improperly refused an application for � an order of remittal u/s 520, Civil Procedure Code, and the policy of the law appears to be to refuse

to allow appeals against decrees in accordance with awards on the ground either that an order u/s 520, Civil Procedure Code, was improperly

made or improperly refused.

The decision of the Privy Council in Ghulain Khan v. Muhammad Hassain I.L.R.(1901) C 185 shews that the provisions of Section 522, Civil

Procedure Code, as to appeal must be strictly enforced. The case of George v. Vastian Soury ILR (1898) M. 202 and the cases there cited are

not in point as in each of those cases after the order of remittal u/s 520, Civil Procedure Code, had been made, the arbitrators refused to

reconsider their award which consequently became void u/s 521, Civil Procedure Code, and the Court proceeded to try the case and pass a

decree in the ordinary way.

The appeal must be allowed and the decree of the Subordinate Judge set aside and that of the District Munsif restored, with costs here and in

the lower appellate Court.