ORDER :- This revision is directed against an order of the District Judge, Ganjam-Nayagarh affirming an order of the Additional Subordinate Judge, Berhampur, in Misc. Case 1 of 1949 arising out of Money Suit No.1 of 1948 on his file. Nakula Choudhury, the opposite party herein, filed a suit for the recovery of some money from the petitioner (defendant) after dissolution of the partnership that had been entered into between him and the defendant. When the trial of the suit was going on the parties referred their disputes to arbitration by five gentlemen, by an agreement dated 30-8-1948. The Court referred the matter to the arbitrators nominated by the parties. The reference was in these terms : "We appoint the following five respectable men as punchavetdars, and the means of the gentlemen are given below. The second paragraph of the agreement says that

"the arbitrators shall take evidence from the plaintiff and the defendant on 5-9-1948 and determine the extent of the liability of the defendant to the plaintiff. The defendant would thereafter deposit the amount so de termined by the arbitrators."

Paragraph 3 says :

"If the plaintiff would go to the temple of Sri Kapileswar Mahaprabhu a