( 1 ) THIS appeal is directed against the order of Civil Judge, Gorakhpur, dated 25-9-1980 making the award rule of the court.

( 2 ) S. B. Singh appellant is the sole proprietor of the Firm Messrs. S. B. Singh and Sons which carries on business at Deoria. The Firm entered into a contract on 21-8-1970 with the appellant for the purchase of released bridge girders. It appears that later on a dispute arose between the parties and in pursuance of the terms of the contract the dispute was referred for adjudication to sri K. M. Mall, Deputy General Manager of the North Eastern Railway, Gorakhpur, who was appointed as the sole arbitrator without intervention of court Sri Mall gave his award on 1-12-1971 but he did not file the same in court. On July 10, 1972 an application was made on behalf of the defendant (plaintiff?) respondent to summon the award from the arbitrator and to make the same rule of the court. The application was purported to be filed under Sections 14 and 17 of the Arbitration Act 1940, but subsequently "sec. 14" was deleted and the application was treated only under Section 17 of the Act. The defendant appellant appeared before the court and contested th