Shambhu Prasad Singh, J.

1. This appeal by the plaintiff arises out of an application dated the 5th May 1962 for making an award on a reference made outside the Court a rule of the Court, which was registered as a title suit.

2. According to the plaintiffs case, he and defendant No. 1 entered into a partnership business in which the plaintiff was to supply the capital and to have eleven annas share and defendant No. 1 was to have five annas share. In August 1959, they started a shop of stationery goods in the town of Saharsa. In November 1961, there was a dispute between them and, on the 5th December 1961, they entered into an agreement to refer the matter for arbitration by four arbitrators who were made defendants 2 to 5 to the suit. One of them, Manzar Alam, according to the plaintiff, was to act as the umpire. They executed two documents. Exhibits 1 and 1(a), separately showing that they agreed to refer the case for arbitration. It appears that on the 3rd April 1962, the arbitrators pronounced the award and signed it. It was re-written on stamped paper on the 4th April, 1962 and was registered on the 5th April, 1962. A notice of the award was served on the plaintiff on