( 1 ) THIS Second appeal arises out of a suit filed by the appellant herein against the respondent) for the recovery of a sum of Rs. 709/6. 00 on the foot of a promissory note said to have been executed by them on 29-7-1952, for Rs. 625. 00. The first defendant remained ex parte while the second defendant resisted the suit on the ground (a) that the pronote was not supported by consideration and (b), that all the disputes between the plaintiff and the defendants, relating to the claims of the plaintiff as against them were referred to the arbitration of two persons of Kumool under an agreement of reference to arbitration dated 1-11-1953. The defendant further alleged that after due enquiry the arbitrators gave their award on 29-11-1953 holding that only a sum of Rupees 2,500 was due by the defendant to the plaintiff. It was urged that since there was a valid agreement of reference to arbitration in respect of the very claim for which the suit was filed and an award had been passed, the present suit was not sustainable in view of Section 32 of the Indian Arbitration Act. 2. After the institution of the suit, the 2nd defendant filed a petition I. A. 883/53, to direct one of the arbit
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