C.P.Sinha, J.

1. This is an application in revision on the following facts. There was a partnership business between one Mahendra Lal Kushiary, the present petitioner, and one Gobinda Chandra Chakravarty for the purpose of running a motor business in the name and style of Sarju Motor Company. Later on Gurdeyal Singh, opposite party, agreed to join the partnership business in place of Gobinda Chandra Chakravarty, and a deed of agreement dated 17-3 1948, was executed by the present opposite party. One of the conditions of the agreement was that in case of any dispute or difference between the parties the matter would be referred to arbitration. Subsequently, difference arose between the parties and the petitioner Mahendra Lal Kushiary sent a notice to the applicant on 17-1-1950 dissolving the partnership, and later on he also filed a title suit No. 44 of 1950 in the Court of the Munsif, Hazaribagh Gurdeyal Singh, the opposite party filed an application before the learned Subordinate Judge for referring the matter in dispute to arbitration under the provision of S. 8, Arbitration Act, and the learned Subordinate Judge allowed the application on hearing the parties, and decided