Radhakrishna Menon, J.

The defendants in O.S. (Arb.) No. 14/1985 in the court of the Subordinate Judge, Thiruvananthapuram, are the appellants.

2. he appeal is directed against the judgment disposing of the suit. The operative portion of the judgment reads:-

"In the result the disputes and differences made mention of in para. 10 of the plaint are hereby ordered to be referred to an arbitrator for arbitration....".

3. Relevant facts: The agreement date 19-2-1966 entered into between the appellants and the respondent to execute the work of "Anti-sea Erosion Work at Poonthura-Constructing 488 sea wall between Singarathope and Muthalapozhy bar" was terminated on 19-12-1968 by the appellants for the alleged breach of contract. The loss sustained by the Government on account of the reassignment of the work was sought to be recovered by initiating proceedings under the Revenue Recovery Act. Those proceedings however were resisted by the respondent by commencing proceedings made mention of in paragraph 16 of the written statement. They did not bring results and consequently the arbitration suit under S.20 was instituted on 19-1-1985 by the respondent; but after 17 years of the ter