( 1 ) THIS is an appeal against an order of Mallick, J. dated August 21, 1964 by which he dismissed an application made by the appellant to correct, remit or set aside an award. The facts of the case are shortly as follows: The appellant and the respondent jointly acquired three properties, namely, premises Nos. 2a, Colonel Biswas Road, No. 89, Bepin Ghosal Road and No. 21, Taltolla Bazar Street. The parties had equal shares in the said properties. The petitioner claimed that he had made excess contribution for acquisition of one of the said properties and in effecting a partition of the properties, this claim should be kept in view. The respondent disputed the claim about excess payment. All matters in dispute between the parties relating to partition, including the claim for excess payment, were referred to the sole arbitration of Dr. P. C. Chunder by an agreement dated May 15, 1959. The relevant Clauses in the said agreement are Clauses 1, 5, 6 and 7 which are set out hereunder:"1. All matters, questions, disputes, differences and/or claims arising out of and/or concerning and/or in connection with and/or in consequence of or relating to the partition of the said prop