In this appeal, the learned counsel for the appellant raised a question of law, not covered by any decision of our High Court, as to the powers of an appellate Court to refer the disputes between the parties to arbitration. During the pendency of the appeal A.S.No.29 of 1950, the District Judge of South Kanara, on the joint application of both the parties to the appeal, referred the matter to arbitration ; and on receipt of the award which went against the third respondent, he filed a petition, R.I.A.No.228 of 1952, to set aside the award and to hear the appeal on the merits. Before the learned District Judge, two grounds were taken by the petitioner: (1) that the notices required by section 14 were not given, and (2) that the appellate Court cannot refer a dispute to arbitration and that the reference itself was therefore bad. The learned District Judge negatived both the contentions and held that the reference to arbitration was proper and within the powers of the appellate Court, and accordingly dismissed the petition. As against that order, the present appeal has been preferred. In this appeal, the only contention that was advanced for the appellant was the same as grou