JUDGMENT :

Pradip Mohanty, J. - This Civil Revision is directed against the order dated 05.11.2002 passed by the learned Civil Judge (Sr. Division), Bhawanipatna dismissing an application u/s 47 read with Section-151 CPC (M.J.C. No. 18 of 1999) filed by the Petitioner-defendant-judgment debtor for correction of the decree passed in Title Suit No. 53 of 1994.

2. The Petitioner was the Defendant in Title Suit No. 53 of 1994 and the opposite party was the Plaintiff. After getting decree, the opposite party-decree holder filed Execution Case No. 6 of 1996 for its execution. In that Execution Case, the immovable properties of the Petitioner-judgment debtor were attached and sold in public auction and such sales were confirmed in the name of decree holder-opposite party. At this stage, the Petitioner filed M.J.C. No. 18 of 1999 with a prayer for setting aside the decree on various grounds.

3. The Petitioner's case is that in Title Suit No. 53 of 1994 an arbitrator was appointed for resolution of the disputes between the parties which arose during their partnership business transaction. The arbitrator passed an ex-parte award which was also made the rule of the Court ex-parte. Soon after suc