( 1 ) THIS revisi9n is directed against an order dated 15th July, 86 of the sub-court, Khammam, condoning the delay of 67 days in filing the O. P. , for making the award dated 29-10-1983 a rule of the Court.

( 2 ) THE relevant facts in brief are: Under a contract the revision-petitioner, was entrusted with some earth work of excavation of Madhira branch-canal by the respondent State of Andhra Pradesh. Since certain disputes arose during the execution of the said work between the parties, the matter was referred to a panel of arbitrators and an award was passed on 29-10-83. The state of Andhra Pradesh filed an application under section 17 of the arbitration Act, 1940 before the court below for making the award a rule of the court and passing a decree in terms thereof. Along with the said application, the respondent also filed the award. Though the award was received by the State on 5-6-84, while filing the application under Sec. 17 of the Arbitration Act on 5-9-1984, by way of abundant caution a petition to condone the delay in filing the suit, through the application referred to, was filed. The court below holding that Section 5 of the Limitation Act is applicable