Wallis, C.J.

1. The answer to the Full Bench reference being against him, Mr. Kuppusami Aiyar for the appellant has relied on another of the grounds taken here and in the lower Appellate Court, that time did not run between the 8th March, 1906 the date of the reference to arbitration and 31st October 1910, when it is alleged the arbitration proceedings came to an end by the death of the arbitrator. Section 21 of the Specific Relief Act provided that "if any person who has made such a contract (to refer to arbitration) and has refused to perform it, sues in respect of any subject which he has contracted to refer, the existence of such a contract shall bar the suit." As to this I agree with Richards, J., one of the referring Judges in Ram Kumar Singh v. Jagmohan Singh (1910) I.L.R. 33 A. 315 that the institution of a suit after the contract to refer is sufficient refusal to perform such a contract to bar the suit under the section. The result of this provision when it was in force was, it seems to me, to bar the plaintiffs right to sue for dissolution of partnership so long as the arbitration had not broken down or the other side had not refused to go on with it. If the arbitr