( 1 ) BY order dated 12-12-2001, one of us (P. S. Narayana, J) had referred the following questions to be decided by an appropriate Division Bench: (A) Whether the umpire or an Arbitrator can maintain a revision under section 115 of the Code of Civil procedure ? (B) What is the period of limitation and whether the suit is within limitation in view of the ratio in Champalal v. Mst. Samrathbai, AIR 1960 SC 629, or whether it can be said to be barred by limitation in view of the decision in Patel Motibhai Naranbhai and another v. Dinubhai Motibhaf Patel and others, 1996 (3) ALD (SCSN) 3 = AIR 1996 SC 997 ? (C) In the peculiar facts and circumstances of the case, what should be the further procedure to be followed in view of the provisions of the arbitration Act, 1940? thus the matter is coming up before this court. At the stage of hearing of the civil revision petition, Respondent Nos. 1, 3 arid the legal representatives of the Respondent nos. 8 to 11 moved an application CRPMP no. 12285/2004 praying for transposition by deleting their names from the array of respondent sby transposing them as petitioners and pass such other suitable orders.

( 2 ) THE civil revision petition is filed

Click Here to Read the rest of this document