1. This is an application filed under Section 47 of the Code of Civil Procedure by two of the judgment debtors seeking to set aside the award dated 29th July, 2005.

2. The case of the applicants is that by a sale agreement dated 9th May, 2005 the predecessor-in-interest of the applicants agreed to sell the subject property to the decree-holder Prem Lal Jain. The parent agreement did not contain an Arbitration Clause and subsequently an arbitration agreement was entered into on 2nd July, 2005. On 5th July, 2005 a reference was filed by the applicant s predecessor-in-interest through her Constituted Attorney one Mr. Achintya Kumar Banga and as a counter statement was filed on 9th July, 2005 an award was passed on 29th July, 2005. The said award was confirmed by the applicant s predecessor-in-interest Kamala on 2nd August, 2005. The said award was thereafter in December, 2008 sought to be executed and the execution application was served on the applicant wherefrom the applicant came to know of the award dated 29th July, 2005.

3. The aforementioned was done in hot-haste and only after Kamala died on 10th September, 2005. The said documents are back-dated. A Will was executed by Ka