( 1 ) THIS special appeal has arisen in the following circumstances. The appellant, a minor, had brought a suit through his father as next friend which was numbered as Suit No. 297 of 1942. That suit was contested by the respondent, Lakshmi Narain, and was ultimately dismissed on the 31st of August, 1943. Against this decision a first appeal was filed by the Appellant which was numbered as Appeal No. 292 of 1943 and was pending in the Court of the District Judge. It was later transferred to the Court of the Civil Judge. Subsequently, while this appeal was still pending, an agreement for reference of certain disputes to an arbitrator was executed on the 10th of July, 1944. To that agreement there were various parties including the appellant, his father, his grandfather, the respondent and some other persons. The reference to the arbitrator was in respect of a number of disputes including the dispute which was the subject-matter of Appeal No. 292 of 1943. After this reference had been made, an application was presented on the 7th of August, 1944, jointly by the appellant, respondents and others praying to the Civil Judge to postpone the hearing of the appeal until the de