S. PARVATHA RAO, J.

( 1 ) THE respondent in O. P. No. 171 of 1989 before the learned Principal Subordinate Judge at Vijayawada questions his order dated 26. 7. 1994 permitting the petitioner therein to let in evidence and rejecting the contention advanced on behalf of the respondent that the matter should be decided on affidavits in view of Section 33 of the Arbitration Act, 1940, ( the Act for short ).

( 2 ) ORIGINAL Petition No. 347 of 1985 was preferred for setting aside the award passed by the Arbitrator on the grounds raised in that petition. After counter were filed therein, the matter was posted for enquiry and it was at that stage, that the learned counsel for the petitioner therein (respondent in the present C. R. P.) wanted to adduce evidence in support of the averments in that petition, and objection to that was raised relying on Section 33 of the Act that the questions involved in the O. P. should be decided on affidavits; and as already stated above that objection was rejected by the learned Principal Subordinate Judge permitting other evidence. The petitioner in this C. R. P. questioned the said order of the learned Principal Subordinate Judge by way of an appeal und

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