Shambhu Pd. Singh, J.

This Civil revision application by the Judgment debtor, State of Bihar, arises out of an execution proceeding. The decree holder opposite party obtained a decree on the basis of an award on 1st of May, 1971 and is executing that decree. After the decree was obtained a notice under section 82 of the Code of Civil procedure (hereinafter referred to as the Code) was served upon the judgment debtor petitioner and it filed two miscellaneous cases one objecting to the appointment of the arbitrator and another for setting aside the exparte decree both on the ground of absence of notice. Both the miscellaneous cases were dismissed by the court below and (be petitioner came ag1inst (hose orders to this court. The case against the order refusing to set aside the decree was registered as miscellaneous appeal and (be case against the order refusing to set aside the appointment of arbitrator was registered as civil revision. The civil revision was dismissed on the ground that the petitioner bad notice of the proceeding under section 8 (2) of the Arbitration Act. The miscellaneous appeal, however was allowed and the case was remanded for disposal of application unde