ORDER :- This revision is directed against an order whereby the trial court rejected a preliminary objection which was raised on behalf of the defendant to the maintainability of the suit.

2. The brief facts are these: An award was made the rule of the court in Misc. Case No. 64 of 1974 by the court of the District Judge, Rampur. Subsequently, Smt. Bhagwandei, the plaintiff-opposite party, filed regular suit No. 64 of 1975 in the same court seeking a declaration that the decree passed in the aforesaid Misc. Case No. 64 of 1974 was null and void and inoperative. She contended that she never entered into any arbitration agreement and was never any party to any arbitration proceedings. She further alleged that the application whereby she was alleged to have moved the District Judge in the aforesaid Misc. Case for making the award of the arbitrator the rule of the court was not made by her and her alleged signature thereon was forged. In other words, her challenge was that the entire proceedings were fraudulent and she, in fact, was no party to the same. She alleged that she came to know of the fraud when the award-decree was sought to be executed and in the execution thereof her reside

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