N.L.Untwalia, J.

1. In this case, by the order under revision, a decree passed tinder Sec.17 of the Arbitration Act, 1940 , (hereinafter referred to as the Act), has been set aside fay the Court below on the application of the opposite party purporting to be one under Order 9, Rule 13 of the Code of Civil Procedure. The petitioner filed an application in the Court below on the 22nd November, 1960, under Sec.14 of the Act, which was registered as Miscellaneous Case No, 48 of 1960. Subsequently, it was converted into a title suit numbered as Title Suit 81 of 1960. Summons in the suit, meaning thereby the notice of the application under Sec.14, is said to have been served on the opposite party on the 27th December, 1960, as also on the Head Punch. The latter filed the Award in Court on the 10th March, 1961.

Thereafter, according to the petitioners case, as it appears from his civil revision application, notice of the filing of the Award was issued and was served on the opposite party on the 2nd April, 1961. In spite of the said service of notice of the filing of the Award, he did not appear and file any objection or an application to set aside the Award. Decree followed on the