Venkatasubba Rao, J.

1. The arbitration in this case was not in a pending suit; nor was there an order of reference on an agreement to refer. The parties had referred the matter to arbitration without the intervention of the Court, and the award having been made, the respondents applied to the District Munsif to give effect to it. Of the three groups of clauses of Schedule II, Civil Procedure Code, it is the third therefore that is applicable.

2. The petitioner resisted the application on the ground that there was a written award on the 7th June, and that one of the arbitrators, dissenting from its terms, refused to sign it. The contention is, that the submission required that the decision should be unanimous and that as one arbitrator dissented, the award was not valid and binding. It is unnecessary to consider whether this construction of the submission is right or not. What the lower Courts have concurrently found is, that on the previous day the arbitrators had delivered an oral unanimous award but that on its being reduced to writing on the seventh, one of them resiling from his decision refused to sign it. On that finding, the question arises, was there a valid award to