1. This appeal is brought on behalf of the plaintiff against the order of the Additional Subordinate Judge of Purnea, dated 18-4-1956, refusing to grant a decree on the basis of an award said to have been given by the Collector of Purnea under Sec.14(2) of the Arbitration Act.

2. The case of the plaintiff was that the defendant, namely, the Executive Engineer of the Public Works Department. Purnea Division through its agents collected shingles and boulders from the bed of the river Chenga belonging to the plaintiff for which the defendant was liable to pay royalty. There was disagreement between the parties about the ownership of the river bed and the right to the royalty to be allowed. There was a reference made to the Collector of Purnea for his decision on this point and on 31-5-1954, the Collector of Purnea. Mr. M. Choudhary, made an award which he filed in the Court of the Subordinate Judge as requested by the plaintiff. Accordingly the plaintiff made an application under Sec.14(2) of the Arbitration Act praying for a decree on the basis of the award.

The suit was contested by defendant No. 1 on the ground that there was, in the first place, no agreement for referring