Kanhaiya Singh, J.

1. Tliis is an appeal from the order of the Additional Subordinate Judge, Muzaffarpur, dated 31-3-1955, setting aside the award given by the arbitrators outside the Court.

2. The facts are short and simple. During the pendency of Title Suit No. 83 of 1951 in the Court of the 1st Munsif, Muzaffarpur, relating to a portion of kasht lands belonging to Kanhaiya Singh, the plaintiffs and the defendants first party by a written agreement dated 9-8-1951 referred, without the intervention of the Court, their dispute in respect of the aforesaid suit land and other matters to the arbitration of five persons, namely, (1) Ramautar Singh, (2) Ram Prasad Singh and (3) Jugeshwar Singh, all of village Belaur, (4) Ramantar Singli of village Mohini and (5) Barham-deo Singh of village Nasratpur, who are defendants second party, and on the same day, that is 9-8-1951, the arbitrators gave their award (exhibit 4). Subsequently, the arbitrators registered the award on 8-9-1951. The registered award is exhibit 4(a). On 6-11-1951 the plaintiffs presented an application before the 1st Subordinate Judge, Muzaffarpur, under Ss. 14 and 17 of the Arbitration Act, alleging that the arb