1. The question of law arising in this case is whether the defendant is entitled to rely upon an award of arbitrators (Ext. C) dated the 7th April, 1948, in support of his defence though the award was not filed in court under Sec.14 of the Arbitration Act and no decree was granted in terms of the award under the provisions of Sec.17 of the same Act. It was argued on behalf of the defendant-appellant that the lower appellate Court was erroneous in holding that the award cannot be taken into evidence, nor can it be set up by the defendant in support of his own case.

In support of this argument learned Counsel relied upon a decision of a Division Bench of this High Court in Government of India V/s. Jamunadhar Rungta, AIR 1960 Pat 19, consisting of Rai and S. C. Prasad, JJ. holding that the existence of an arbitration agreement or award may be set up as a bar in defence to a suit based on the original cause of action arising out of rights and titles which formed the subject matter of such an agreement or award The learned Judges constituting the Division Bench proceeded upon the view that Sec.32 of the Arbitration Act only barred a suit involving a decision upon the existence,