Raj Kishore Prasad, J.

1. The sole question for determination, in this Letters Patent Appeal, against the judgment of Mr., Justice Ratikant Ghoudhary is Can an application, under Sec.33 of the Arbitration Act (Act X of 1940), by a person alleged to be a party to an arbitration agreement, for declaration of its non-existence, on the ground that it was fabricated, and, he was no party to it, after the award on its. oasis, was merged into the judgment and-decree of the Court, passed under Sec.17 of the Act, be maintained ?

2. In order to answer this question, it is necessary, at first, to decide some preliminary, but basic, questions, on the determination of which alone would depend the correct answer to the principal question posed by me.

3. These questions, which precede the main question and, which emerge from the discussions at the bar, are:

1. Do the words "or is otherwise invalid" in clause (c), of Sec.30 of the Act, embrace an objection, which challenges the existence, or validity, of an arbitration agreement ?

2. Is an application, under Sec.33 of the Act, if presented on grounds other than those mentioned in Sec.30 of the Act, challenging, the existence, or validity,