MODI, J.

( 1 ) THIS is a regular civil first appeal by the plaintiff O. P. Verma against the judgment of the learned District Judge Kotah dated the 9th February, 1954, dismissing the plaintiffs suit with costs.

( 2 ) THE material facts leading up to this appeal may be shortly stated as follows. There was a partnership business between the plaintiffs wife and the defendants (who are father and son) at Bikaner in December, 1941. The plaintiff was looking after this business, on behalf of his wife, which was carried on in the name of chand Bros. under which firm name the defendants were already carrying on business. Although the nature of this business is not disclosed in the plaint, there is evidence to show that the parties had taken a sub-contract from Messrs. Green bus Co. Delhi, in connection with the supply of lorries for training drivers for the second World War. This partnership is alleged to have continued until May 1942. The plaintiffs case was that in order to settle the accounts of this partnership business, an arbitrator named S. P. Singh, who is admittedly a brother of the plaintiff, was appointed by the parties on the 29th July, 1942. The arbitrator allegedly