( 1 ) THIS is a petition for revision of an order passed by the Subordinate Judge, 5th Court, Alipore, overruling an objection filed by the defendant opposite party to.

( 2 ) THE Award in question was filed by the arbitrators on September 21, 1949 in a pending proceeding in T. Section No. 182 of 1948. One of the defendants, Mahadev Mullick, who is the opposite party in this Court, filed an objection, on December 17, 1949. The preliminary objection was taken by the plaintiff Bhola Nath Mullick that the objection was barred by time and cannot be entertained by the Court. an award filed by arbitrators.

( 3 ) THE learned Subordinate Judge held that the plea of limitation could not be entertained.

( 4 ) TO appreciate the poin't in issue we may set out some of the relevant facts in this connection. The plaintiff-petitioner originally filed an application under Section 28 of the Arbitration Act pleading that the dispute between him and the defendant Mahadev had been referred to the Arbitration of two persons but that the said arbitrators had not filed their Award within the specified time. He accordingly prayed that the Court might extend the time for the filing o