1. This appeal has a chequered history and arises in the following circumstances:

2. One Raibahadur Ganda Singh owned property in more than one place. He was survived by three sons, namely, Mal Singh, Atma Singh and Balwant Singh; all of whom agreed to appoint two persons as arbitrators to partition among them entire property left by their father. A written agreement accordingly, came to be executed on 10th of Katik 999 Samvat and two persons, namely S. Gurmukh Singh, S. Mool Singh Khosla were appointed as arbitrators. The arbitrators gave their award on 20th Katik 2000 Samvat. Mal Singh moved an application under section 14 of the Arbitration Act (hereinafter to be referred to as the act) in the High Court on 18th Phagan 2007 Samvat with a composite prayer that the arbitrators be directed to file the award in the court and thereafter the same be made a rule of the court. This application was transferred by the High Court to the District Judge Srinagar on March 26, 1951. The District Judge, on receipt of the file, issued notices to the respondents in the said application, namely; Atma Singh and Balwant Singh. Pursuant to these notices, the respondents appeared in the