ORDER : - This is an application in revision by the defendant Ismail and has arisen under the following circumstances.

2. The opposite parties Hansraj and another filed a suit in the Court of the Judicial Superintendent, Sojat, against the defendant for recovery of a sum of Rs.1100/- as damages for breach of a contract relating to the construction of a house for the plaintiffs. The defendant repudiated the plaintiffs cLalm and put in a counter-claim for Rs.750/-.

The case was fixed for the plaintiffs evidence on 20-1-1950, when the parties referred the dispute between them to the arbitration of three persons, namely, Shri Manakraj Singhvi, Shri Abheynandanmal Kochar and Shri Manaklal Mathur (vide reference bearing the same date i.e., 20-1-1950). It was agreed to between the parties that two arbitrators out of the above will have the right to give the award so long as Shri Manakraj Singhvi was one of them, who was also authorized to conduct the arbitration proceedings.

It was further provided that in case all the three arbitrators participated in the award and if there was a difference of opinion between them, the decision of the majority will be binding on the parties. The trial Court

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