( 1 ) FACTS giving rise to this appeal are that M/s. Rohtas Financiers (P) Ltd. and its directors (hereinafter referred as the Appellants) on the one side and Lakshmi Commercial Bank Ltd , which has now merged into Canara Bank (hereinafter referred to as the Respondent) on the other referred the disputes arising out of a cash credit limit allowed by the respondent bank to the appellants to the arbitration of Sh. Bikram Singh advocate as per the agreement dated 15th March, 1967. The arbitrator entered upon the reference and proceedings were filed in the court. Neither party filed any objections and rather a request had been made by the parties through their counsel to make the same a rule of the court. Consequently, the court made the award a rule of the court and a decree was awarded in its terms on 10th May, 1967.

( 2 ). The appellants challenged the award dated 15th March, 1967 and the decree passed thereon in suit No. 234 of 1967 by filing a suit No. 329 of 1968 in the court. In para 13 of the plaint the appellants averred that fra had been played upon them and upon this court. The particulars of fraud given are:-

(A) that the blank signed papers had been filed in