Shambhu Prasad Singh, J.

1. By a registered deed of partnership (Ext. 13) dated 27th of December, 1960, the three appellants and respondents 1 and 2 constituted a partnership. The firm was to carry the name M/s. Bharat Engineering Company. Differences arose between them and as per Clause 18 of the deed of partnership, they were referred to arbitration of respondent No. 3. He made his award (Ext. 10) on 22-4-1967 and it was filed in court. Appellant No. 1 prayed for pronouncing judgment according to the award and preparing a decree. Appellants 2 and 3 supported him. Respondents 1 and 2 took objection to the award on various grounds. The court below by the order under appeal has refused to make the award a rule of the Court. It has set aside the award and superseded the reference. Hence the appeal

2. In order to appreciate the controversies between the parties, some facts may briefly be stated. On 3rd of August, 1959, respondent No. 2, Surya Kumar Singh, appellant No. 3--Someshwar Kumar Singh and three others, Jang Bahadur Singh, Ram Ayodhya Singh and Ram Narain Singh, executed a partnership agreement, Ext. 13 (a), which was also registered. That firm too was to have the name