S. K. MAL LODHA, J.

( 1 ) THIS is an application for review under Order XLVII, Rule 1, C. P. C. against the order dated July 10, 1978 passed in S. B. Civil Revision Petition No. 594 of 1974 by which the revision filed by the State of Rajasthan was dismissed.

( 2 ) A few facts may be recounted: The non-applicant (Contractor) submitted an application under Section 8 (2) of the Arbitration Act (No. X of 1040) (for short the. Act hereafter) on July 27, 1973 against the State of Rajasthan. The State of Rajasthan resisted the application on various grounds by filing a reply. The learned District Judge framed seven issues inclusive of tre relief Issues Nos. 3, 4 and 6 are as under:

" (3) Whether the petitioner has waived his right to refer the matter to arbitration as alleged in para 11 of the reply and if so, what is its effect? (4) Whether the petition is not maintainable as alleged in paras 13 and 14 of the reply? (6) Whether the petitioner is entitled under Section 8 of the arbitration Act to get an arbitrator appointed?"

The learned District Judge, Shri Ganga-nagar, by his order dated May 30, 1974 held that the non-applicant (Contractor) is entitled to a direction and, there