JUDGMENT

Cunliffe, J. - This rule was granted in the following circumstances: The parties were three brothers who were in dispute with regard to certain land and by way of endeavouring to compose their differences they decided to submit them to a private arbitration. This was accordingly done by means of an agreement which was drawn up. But subsequently further disagreement arose which resulted in the petitioners before the Court now filing a suit for partition. The other side, however, and the arbitrators went on with the arbitration and the arbitrators made an award which was filed under para. 20, Sch. 2, Civil P.C. For some reason or another this award was not given effect to, but there was an order issued by the Court for a stay of the partition suit under para. 18, Sch. 2. The arbitrators were ordered by the Court to proceed fresh and then one of them declined to act. Whereupon cross-applications came before the Court, one on the part of the respondent to this petition asking the Court to appoint an arbitrator in place of the gentleman who had refused to act, and the other application on the part of the petitioners here to have the stay order, which had been issued by the Court