JUDGMENT

Das, J. - The material facts leading up to the present proceedings for judgment upon award may shortly be stated as follows:

A business is carried on in this city under the name and style of "Modi Brothers." There is no dispute that this business belongs to a Mitakshara joint Hindu family and that Bhuramull Modi as the karta of that family manages this business.

In the usual course of business Modi Brothers entered into a contract with Munshi Lal & Sons for the sale of certain quantity of paper. Disputes and differences having arisen between the parties to that contract the same were referred to the Tribunal of Arbitration of the Bengal Chamber of Commerce. The arbitration agreement, so far as Modi Brothers was concerned, was subscribed as follows:-"Modi Brothers by the pen of Bhuramull Modi, the Manager and karta of the joint family Business Modi Brothers."

2. On 20th December, 1944, the Tribunal of Arbitration made an award declaring that the contract was valid and binding upon the parties and directing Modi Brothers to pay to Munshi Lal & Sons the sum of Rs. 3,360. This award was forwarded by the Tribunal of Arbitration to the Registrar of this Court with a request that the