Jamuar, J.

1. During the pendency of this appeal before this Court, the parties have filed applications stating that they have agreed that the matter in difference between them should be referred to arbitration, and, in pursuance of that agreement, they have executed a deed of agreement, which has been duly registered, to refer that matter to arbitration. Accordingly, under Sec.21, Arbitration Act (10 of 1940), they have prayed for an order of reference.

2. The important question for consideration is whether an order of reference under Sec.21, Arbitration Act can be made by an appellate Court. As there appears to be a divergence of opinion on this point between the Calcutta and the Allahabad High Courts, and there being no decision of this Court, this Question has been referred to a Division Bench.

3. Sec.21, Arbitration Act is as follows:

"Where in any suit all the parties interested agree that any matter in difference between them in the suit snail be referred to arbitration, they may at any time before judgment is pronounced apply in writing to the Court for an order of reference."

The term "Court" has been defined in Sec.2(c) of the Act, and it is in the following terms