R.K.Choudhary, J.

1. This civil revision application is directed against an order of the Subordinate Judge of Darbhanga, dated the 23rd September, 1965, holding that the filing of the award by the arbitrator was beyond time and the case was, therefore, barred by limitation.

2. It appears that certain disputes between the parties were decided by arbitration without the intervention of the Court, and the arbitrator gave his award on the 16th June, 1963. It was registered on the 11th July, 1963, and the notice of the making of the award was given to the parties on the 12th July, 1963. The award, however, was filed by the arbitrator in Court on the 22nd April, 1965 and a miscellaneous case, No. 41 of 1965, was started. Opposite party No. 3 of the Court below raised a point that, the award having been filed after the expiry of the period of limitation, it could not be made a rule of the Court as being barred by limitation. It was contended on his behalf that the question of limitation should be decided as a preliminary point; and the learned Subordinate Judge, reviving on a decision of this Court in Rambilas Mahto V/s. Durga Bijai Prasad Singh AIR 1965 Pat 239, held that the awa