RAMACHANDRA IYER, C.J. :- This appeal has been directed to be posted before this Full Bench on account of some divergence of judicial opinion amongst the various High Courts in India on the principal question involved in it. There has also been no uniformity of view in the several cases that have come up before this Court on the same matter.

2. The questions that fall for determination in this appeal can be formulated thus :

1. Whether an award made on a reference out of Court, and, which has not been filed into Court in accordance with the provisions of the Indian Arbitration Act, 1940 can be pleaded as a defence to a suit instituted by a party thereto on the basis of the original cause of action.

2. If the answer to the first question is in the negative, whether such an award if performed by one of the parties, can afford a good defence to an action on the original cause of action, by the other party;

3. Whether such an unfiled award if later on accepted by the parties thereto, can afford a fresh cause of action; and

4. Where an award made on a reference out of Court has not been filed into Court at the instance of any of the parties thereto within the time permitted by the l