( 1 ) THIS is an application for setting aside an ex parte decree passed on the 28th February, 1950 by this Court. The facts are fairly simple but certain important questions of law arise in this case.

( 2 ) THERE were disputes between the petitioner firm Ganeshmal Bhawarmal and Keshoram Cotton Mills Ltd. The disputes were eventually referred to the arbitration of the Indian Chamber of Commerce. The arbitration tribunal made an award in favour of the respondent on the 5th July 1950. The award was filed in Court and on the 18th January, 1950 notice of such filing was issued by the Registrar. A clerk in the employ of the Attorneys of the respondents went to Raipur for serving Ganeshmal Bhairudan and Hastimal all alleged to be partners of the petitioner firm. It appears from the affidavit of the process server that on the 24th January 1950 three several copies of the notices were tendered to and accepted by all the three persons who were then at Raipur but all of them refused to sign acknowledgment of the receipt of the notice. The original notice was returned to this Court along with the affidavits of the processserver and of the person accompanying him. On the 27th Ja