( 1 ) ONE of the parties to an agreement which contained a clause relating to arbitration of disputes that may arise between the parties file a suit without getting the dispute settled by arbitration. The suit was stayed and arbitrators were appointed by the parties. On 6-4-59 on of the arbitrators limited that he wanted to resign vide Ex. 40 Then the plaintiff gave an application Ex. 41 to the Court to supersede the arbitration and the Court passed the following order :-THE order of the appointment of arbitrators is superseded and the stay of the suit is vacated and I order to proceed further with the suit.

( 2 ) THIS order was confirmed in appeal and aggrieved by this order the defendant has now come in revision.

( 3 ) IT is contended that the Court should have followed the provisions contained in sections 9 and 10 of the Indian Arbitration Act 1940 which will hereinafter be referred to as the Act and that the learned Judge was wrong in passing an order which purported to be one under section 25 of the Act.

( 4 ) THE learned counsel for the opponent contends that the order is perfectly correct in view of the scheme of the Act. Chapter II of the Act deals with arbitr