( 1 ) THIS revision under section 115 of the Code of Civil Procedure against the order of the learned Commercial Subordinate Judge 1st Class, Delhi, dated 13-3-1968 has been placed before this Bench because of the importance of the question raised.

( 2 ) THE learned Subordinate Judge has, by the impugned order set aside the award dated 29-3-1967 on the ground that the arbitrator was guilty of misconduct because no notice was given to the party against whom ex parte proceedings were taken by him. The matter was, however, remitted back to the arbitrator for proceeding afresh from the stage when Shri Patanjal and Shri Om Prakash Mehra had last appeared before him. The arbitrator was further directed to make Shri W. N. Chowdhary a party to the arbitration proceedings so that all the interested parties may be represented.

( 3 ) BEFORE proceeding with the contentions raised before us, it is desirable to briefly recapitulate the facts and circumstances giving rise to the controversy before us. On 21-7-1962, Shri 0m Prakash Mehra wrote a letter to M/s Rawalpindi Theatres (P) Ltd. , Chandni Chowk, Delhi (Ex. P. 5) which it is necessary to reproduce in extenso :-

"i write to