Mallick, J. - (1.) This is a special case stated by the arbitrator under Section 13, Arbitration Act, for the opinion o this Court on a question of law involved in the proceedings now pending before the arbitrator. The question of law involved is whether the claim in dispute is barred by limitation.
(2.) The case originally stated by the arbitrator came for consideration before Bachawat J. Bachawat J. felt that the case stated did not contain sufficient facts to enable the Court to give its opinion on the point of law raised and directed the arbitrator to restate the case. Pursuant to such direction the arbitrator has restated the present case on which this Court is called upon to give its opinion.
(3.) Mr, Roy appearing for the claimant made a grievance that the arbitrator stated the present case without giving his client any opportunity to make his submission as to the correctness of the facts stated. It is not for me in the present proceeding to adjudicate on the correctness of the facts stated by the arbitrator. I am to give my opinion on the basis of facts stated by the arbitrator. If the facts are not correct or if the arbitrator is guilty of misconduct in not giving an opportunity to Mr. Roy's ' client to make his submission on the correctness of facts stated the right of Mr. Roy's client to challenge the award that may be passed hereafter remains unaffected.;