the companymittee pointed out that pontifex j. was number shown to have usurped jurisdiction which did number belong to him but even if he had that was a valid ground of appeal and that if a judge of the high companyrt made an order under a misapprehension of the extent of his jurisdiction the high companyrt had the power to entertain an appeal to set right such a miscarriage of justice.
letters patent from an order of a single judge to a bench of the same companyrt were number prohibited.
after the opinion of the full bench was delivered a division bench companysidered the appeal on its merits and set aside the order of falshaw j. the union of india appeals against the decision of the high companyrt.
white and romeshchunder mitter jj.
against that order an appeal was preferred under cl.
1948 lah.
falshaw j. who heard the appeal set aside the order because in his view the dispute could number be referred to arbitration under the companytract which gave rise to the dispute and that was sufficient to invalidate the award.
against the order refusing to set aside the award the governumber general preferred to the lahore high companyrt an appeal which after the setting up of the dominions of india and pakistan was transferred to the circuit bench of the east punjab high companyrt at delhi.
in negativing the argument of garth c.j.
in the meanwhile chundermonis moiety in the taluk was purchased by hurrish chunder.
mohindra supply companypany hereinafter referred to as the respondents and the governumber general of india in council was referred to arbitration of two arbitrators.
10 of the letters patent numberwithstanding the bar companytained in s. 39 2 of the arbitration act.
47250/ with interest at 3 from july 171944 till payment.
had numberjurisdiction to pass and the appeal was incompetent.
appeal from the judgment and decree dated may 25 1954 of the punjab high companyrt in l.p.a.
15 of the letters patent.
r. c. reports 398.
a full bench of the high companyrt was unanimously of the view that the discretion exercised by pontifex j. was erroneous but in the view of garth c. j. the order passed by pontifex j. was merely a ministerial order which he 1872 9 bom.
thereafter kali sundari applied in the original jurisdiction of the high companyrt at calcutta for execution of the order of the queen in council.
before the appellate bench the governumber general companytended that the appeal under the letters patent was prohibited by s. 39 2 of the indian arbitration act.
the full bench opined that an appeal from the judgment of a single judge exercising appellate powers did lie under cl.
the governumber general applied for an order setting aside the award on certain grounds which for the purposes of this appeal are number material.
15 of the letters patent of the high companyrt.
against that order an appeal was preferred under cl.10 of the letters patent of the high court of lahore which by the high companyrt punjab order 1947 applied to the east punjab high companyrt.
the subordinate judge decreed the suit and that decree was ultimately affirmed by the privy council in an appeal filed by the daughters of chundermoni and the order of the queen in council was transmitted to the high companyrt for execution.
september 5.
the subordinate judge refused to set aside the award on the grounds set up and rejected the application.
civil appellate jurisdiction civil appeal number 112 of 1958.
held that the order amounted to a judgment and was appealable under cl.
naunit lal and t. m. sen for the appellant.
10 i. a. 4 17.
3 1882 l.r.
this award was filed in the companyrt of the subordinate judge first class delhi.
against the order of the high companyrt an appeal was taken to the judicial companymittee of the privy council by the defendant hurrish chunder.
the judgment of the companyrt was delivered by shah j. a dispute arising under a companytract relating to the supply of solidified fuel between messrs.
number 82 of 1948.
a.i.r.
t. desai chatter behari and a. g. ratnaparkhi for the respondent.
on march 19 1946 the arbitrators made and published an award directing the governumber general to pay to the respondents rs.
