STATE OF RAJASTHAN Vs. MEHTA CHETAN DAS KISHANDASS

JUDGEMENT

(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.) LEARNED Deputy Government Advocate strenuously urged that the decision of issue No. 4 without taking note of the dictum laid down in Kerala State Electricity Board's case is a mistake or error apparent on the face of the record within the meaning of Order XLVII, Rule 1, C. P. C. and, therefore, finding of issue No. 4 while deciding the revision, can be reviewed.