Wadsworth, J.

1. This appeal arises out of an order on an application to file an award as decree. The award proceeded on a reference to arbitration made outside the Court and the Court has on the application of the appellant passed a decree in terms of the award except for one stipulation which has been regarded as penal. The arbitration arose out of a dispute between partners and the reference was in the following terms:

As we cannot conduct the said shop jointly, we have completed the accounts relating to the business in respect of the same from 1st April 1934 till 30th April 1935 and have delivered the same to the pinchayatdars. Only agreeing to abide wholeheartedly by the award which you, the panchayatdars, may pass directing the delivery of the said company to one of the partners and also the rules and regulations you may frame in connexion therewith, we have executed the muchilika signing hereunder.

2. As a result of this reference the arbitrators passed an award determining the amounts due by and from each of the partners and directing that the business should be handed over to one of the partners and that the other partners should not only pay what was due by them but