1. This revision by the plaintiff arises out of a suit under the Indian Arbitration Act (hereinafter referred to as the Act. The prayer in the suit is to call for the arbitration agreement and enter upon the arbitration in respect of the disputes between the parties after superseding the arbitration clause providing for making reference of the disputes to the Superintending Engineer as sole Arbitrator. In the alternative, a prayer has been made that the plaint may be registered as a regular suit and a decree as per the claims made therein be passed in favour of the plaintiff.

2. It is not necessary to state the facts giving rise to the present revision in detail, for the purpose of decision on the points arising for consideration. Suffice it to say that the plaintiff, which is a registered partnership firm, entered into an agreement for construction of Revetment and Slope Protection Work on the right bank of river Ganga from Ranighat to Gulabighat at Patna, with the defendants, who are the state of Bihar and its officials. The agreement in Form F-2 was signed by the plaintiff through its partner on one side and by the Executive Engineer, Ganga Sone Flood Protection Division