1. Questions of considerable importance in the law of Arbitration arise for consideration in this case. The questions are: (1) Whether the dismissal by court of an original petition by the Arbitrator under S.28 of the Arbitration Act. 1940 to enlarge the time for making the Award. will amount to 'superseding an arbitration' and whether an appeal will lie under S.39 of the Act from the order of dismissal; (2) Whether the Arbitrator can file an appeal from an order of the Court refusing to enlarge the time for making the Award; and (3) When the Arbitrator dies pending the appeal can any of the parties to the Arbitration agreement get himself transposed as the appellant. A question whether an Award passed in violation of an injunction restraining the Arbitrator from passing an Award has to be ignored also arises in the case.

2. This appeal was filed by the Arbitrator against the order of the Court below dismissing his original petition for enlargement of time for making the Award under S.28 of the Arbitration Act. 1940. By the same order the Court also dismissed the interim application by which the appellant Arbitrator filed in court the Award he made pending the Original P