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Judgment
The preliminary objection must be upheld, namely, that under Schedule II, paragraph 16, Clause (2), Civil Procedure Code, no appeal lies from
the decree framed on a judgment pronounced by the Court according to the award of arbitrators, after the Court had refused an application to set
aside that award as invalid.
The appeal must, therefore, be dismissed with costs.
We are asked by the appellant''s learned Counsel to set aside the award treating the appeal as a petition in revision u/s 115, Civil Procedure
Code. His contention is that the District Court had no jurisdiction to refer the matters in dispute to arbitration even by the consent of parties. He
relies in support of this contention on the case in Ghellabhai Atmaram v. Nandu Bai 21 B.P 335.
In the first place, we are not clear that the observations relied on from the judgment in Ghellabhai Atmaram v. Nandu Bai 21 B.P 335 which
appear to be obiter dicta, have not been couched by that Court in too wide terms. In the second place, the contention that the District Court had
no jurisdiction to refer the dispute to arbitration was not taken in the lower Court or even in the grounds of the appeal petition sought to be
converted into a revision petition. In the third place it is a matter of discretion in this Court to interfere in revision u/s 115, and as we are not
satisfied that substantial justice has not been done between the parties by the order of the District Court. We do not think that it is a fit case for
interference in revision.