D.S.TEWATIA, J.

1. This appeal at the instance of the plaintiff is directed against the order dt. 5-2-1983 of the trial Court rejecting the petition of the plaintiff dt. 5-2-1982 seeking the filing of the agreement between them under the Indian Arbitration Act, 1940 , hereinafter referred to as the Act, and referring the dispute between the parties to an arbitrator in terms of S.20 of the said Act.

2. The trial Court dismissed the application of the plaintiff on the ground that the provisions of S.20 of the Act were inapplicable.

3. Before proceeding to consider the rival contentions addressed at the Bar, it would be apt to notice at this stage the relevant provisions of Section 8 and S.20 of the Act :

"8. (1) In any of the following cases - (a) where an arbitration agreement provides that the reference shall be to one or more arbitrators to be appointed by consent of the parties, and all the parties do not after differences have arisen, concur in the appointment or appointments; or

(b) if any appointed arbitrator or umpire neglects or refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should