JUDGMENT :

1. Heard learned counsel for the parties.

2. This Miscellaneous Appeal has been filed for setting aside the order dated 14.01.2016 passed by learned Sub-Judge-VI, Chapra in Misc. Case No.04 of 2006 whereby and whereunder the learned Sub-Judge-VI has allowed the Misc. Case filed under Order XXXI Rule 90 and Section 47 of the Code of Civil Procedure. By the impugned order the learned court below has been pleased to set aside the auction sale held in Execution Case No.2 of 2001 on 17.12.2002.

3. A perusal of the impugned order would show that this case has a chequered history. One Bhukhal Upadhyay was a contractor of Building Construction Department. For certain works done by him for the Department he claimed a sum of Rs.3,15,714/-as outstanding amount. In terms of the arbitration clause present in the agreement an arbitration proceeding was conducted and the award of the arbitrator was filed in the court in accordance with Section 14 of the Arbitration Act, 1940. The arbitration award was made rule of the court. In the first round of battle, the State of Bihar challenged the judgment of the learned court below making the award a rule of the court and succeeded in getting the