Harnam Singh, J.

1. On the 26th of May 1947, Sohan Lal applied under Section 14 of the Indian Arbitration Act, 1940 , hereinafter referred to as the Act, for the filing of the award given by respondents Nos. 6 and 7 and for a decree of the Court in accordance with that award.

2. On the 30th of April 1948, Ram Parshad Chanan Ram, Sri Bam and Bholu Ram respondents Nos. 2 to 5 objected to the filing of the award inter alia on the ground that Banwari Lal partner of firm Madho Ram-Banwari Lal, had no power to submit the dispute to the arbitration of Munshi Ram and Tara Singh, respondents Nos. 6 and 7.

3. On the 22nd of July 1948, Sohan Lal put in his replication and in that replication pleaded that according to the usage of trade governing forward contracts one partner of a firm has implied authority to submit a dispute relating to the business of the firm to arbitration. Upon the pleadings of the parties the trial Court fixed the following issues:

(1) Whether the reference to arbitration made by Banwari Lal partner of firm Madho Ram- Banwari Lal was valid and binding on the said firm?

(2) Whether there was no such dispute between the parties that could be referred to arbitratio