GHOSE, J.

( 1 ) THIS appeal is directed against the judgment and order dated Septemher 1, 1970 delivered and passed by Masud, J. on an application made by the appellant. In the application the appellant claimed mainly super-session of an arbitration agreement contained in the agreement dated August 31, 1951 between the appellant and the respondent. The appellant in the said application also prayed for a declaration that the Arbitrators appointed by the parties in terms of the arbitration agreement contained in the said agreement dated August 31, 1951 have no jurisdiction to proceed with the reference on the ground that the issues involved before the Arbitrators are barred by principles analogue to res judicata in view of an Award made in a previous reference between the parties on the basis of the very same arbitration agreement. The appellant also in the petition prayed for an injunction restraining the Arbitrators from proceeding with the reference.

( 2 ) IN the appeal before us Mr. Chaudhury appearing on behalf of the appellant has pressed only two of the reliefs claimed before the learned Judge of the Court of the first instance, viz. , for an injunction restrainin