VIJAY KUMAR SHRIVASTAVA, J. :- This is an appeal under Section 39 of the Arbitration Act, 1940 (for short "Act 1940") against the judgment and decree dated 12-3-1999 passed by the First Additional District Judge, Jagadalpur in Civil Suit No. 4A/1984 whereby application filed by the appellant to set aside the award has been rejected and in term of award judgment and decree impugned has been passed.

2. Facts stated in brief are that respondent herein filed an application under Section 20 of the Act 1940 for appointment of an arbitrator to decide the arbitral dispute. The application was filed on 6-8-1984. After due hearing First Additional District Judge Jagadalpur, vide order dated 11-2-1986 appointed Shri P. C. Jain, Income Tax Practitioner as sole Arbitrator. Pursuant to his appointment, arbitrator proceeded to resolve the arbitral dispute and after due enquiry and hearing, passed an arbitral award and submitted the same to the Court of First Additional District Judge. The Court received it on 3-5-1990, and passed an order on that day that parties be called and notice of filing of award be communicated to them.

3. Pursuant to the order dated 3-5-1990 parties gave their appe