- (1.) Instant revision petition has been filed under Section 115 of the Code of Civil Procedure for setting aside judgment and decree dated 07.05.2002 passed by learned Additional District Judge, Chandigarh whereby judgment and decree dated 22.10.1990 passed by learned Sub Judge First Class, Chandigarh has been set aside.
(2.) Brief facts of the case are that the petitioner had entered into an agreement dated 28.11.1984 with the respondent Board to do the work of C.C. concrete cement lining from RD 12400 to RD No. 13000 Mukerian Hydel Channel (MHC) and the work was to be completed upto 28.05.1985 and the period was further extended to 27.11.1985. Thereafter, the agreement was terminated by the respondent on 29.11.1985. The petitioner had served a notice in terms of Clause 62 of the agreement for referring the dispute to the Arbitrator. Accordingly, the matter was referred to the Arbitrator. The Arbitrator passed the award dated 30.04.1998.
(3.) Thereafter, the arbitrator filed the award in the Court on 04.05.1988. Notice regarding filing of the award was given to the parties. The respondent Board filed the objection petition. The trial Court vide order dated 16.05.1989 framed the following issues from the pleadings of the parties:- "1. Whether the award is liable to be set aside on the ground mentioned in the petition OPD 2. Relief.";