Chattar Singh v. Lekhraj Singh

Oldfield and Brodhurst, JJ.:— We are of opinion that we have no power of revision under s. 622. The contention that the proceeding for arbitration is a decided case in which no appeal lies within the meaning of the section, and therefore open to revision under s. 622, is not tenable. The proceeding is of an interlocutory character only, made in the course of a suit; it is part of a case which is still undecided, and in which an appeal lies from the final decree. It was not the intention to allow of revision of interlocutory proceedings, in the course of a suit, which do not determine it. The order which is the subject of this application, will be open to revision by appeal from the final decree in the suit, and even if s. 622 allowed of it, it would be highly inexpedient for us to interfere at this stage of the case. We dismiss the application with costs.

Application dismissed.