S.N.Pathak, J.

1. These two appeals have been directed against the order dated 16th December 1994 passed by Sri Viveka Nand Jha, Sub-ordinate Judge-IV, Patna in Misc. Case Nos. 29/31 of 1979. As both the cases arise out of a common order, they have been heard analogous and are being disposed of by this common judgment.

2. The relevant facts for consideration in these appeals, in short, are that Rajmani Sinha and others had entered into a partnership with the respondents of the appeal. However, in course of time, the partners fell apart and so the partnership was dissolved. The dispute relating to arbitration agreement was referred to the arbitrator and the arbitrator gave the award. Then the appellant filed an application before the court of Sub-ordinate Judge, Patna, to make the award Rule of the court. The respondents filed objection and then an application filed by the appellant was registered as Title Suit no. 55 of 1967. The learned Sub-ordinate Judge, by his order dated 8th November 1971, set aside the award. There was an appeal before the Honble High Court (F. A No. 355/1971). This appeal was allowed and the judgment of the Sub-ordinate Judge was set aside and the ma