Tarkeshwar Nath, J.

1. This appeal by the defendant is directed against an order passed by the Special Subordinate Judge, Ranchi, directing it to submit to the Court within seven days the name of an agreed person as the sole arbitrator to whom reference would be made. The facts leading to this case are, these. The defendant invited tenders for various works in the power plant of the Hindustan Steel Ltd. Rourkela. The plaintiff filed tenders in respect of some of the works and they are accepted on 25-11-1958. There was an agreement between the plaintiff and the defendant in respect of the work undertaken by the plaintiff. The plaintiff completed the work on 15-9-1959 and later on there was a dispute between the plaintiff and the defendant in respect of several claims of the former, after the bills were submitted to the latter. The plaintiff served a notice on the defendant under Section 8 of the Arbitration Act informing it that the plaintiff had appointed Shri B.N. Choudhary, retired District and Sessions Judge, residing at Lucknow, as the sole arbitrator to decide the dispute. The former asked the latter to concur in his appointment as sole arbitrator! within 15 days from