N.L.Untwalia, J.

1. It seems to me that the arbitration agreement between the parties has got to become abortive because of some lacuna in the Arbitration Act not empowering the Court to appoint an arbitrator in a situation like this. The petitioner as well as the two opposite parties entered into a partnership agreement (exhibit 1) to carry on certain business in partnership. Clause 14 of the agreement provides:

"All differences arises (arising) between partners or their representatives or assignees, or any of them will (with) regard to the interpretation of these presents, or as to the rights of (or) liabilities of the partners or any of them under these presents or with regard to the winding up or any matter of thing relating to the partnership or to the affairs thereof, shall he referred to Arbitration to 3 persons each of the partners nominating one Arbitrator; reference to arbitration shall be a condition precedent to the right of any partner to sue on any of the above counts."

Some disputes and differences seem to have arises between the three partners. The two opposite parties on their part nominated two arbitrators and asked the petitioner to nominate his, but the