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1981 DIGILAW 371 (DEL)

UNION OF INDIA v. CLEAN FOODS CORP

1981-12-17

AVADH BEHARI ROHATGI

body1981
( 1 ) THE subordinate judge had no pecuniary jurisdiction to refer the govt. claim to arbitrator. He had jurisdiction to refer only the petitioner s claim ofrs. 12,800. The question of pecuniary jurisdiction goes to the root of the matter and this defect cannot be waived. Each reference is a separate reference. The Petitioner s reference of his dispute was one references. So was the Govt. claim the two cannot be combined. The reference is not a jumble of odds and ends. It is an order of the Court. He who asks for reference must see that Court is competent to refer.