( 1 ) ON 25th August, 1951 Wahid Husain filed an-application under Section 20 of the Indian arbitration Act (Act X of 1940) in the court of the Civil Judge, Lucknow, praying that the agreement to refer the disputes between the parties contained in the partnership deed dated 18th march, 1947 be ordered to be filed in the court and the court be pleased to nominate an arbitrator for the opposite parties or to appoint an arbitrator to decide the disputes between the parties. In the alternative it was prayed that the writings in paragraph 10 of the application be treated as an arbitration agreement and be ordered to be filed in the court and the court be pleased to nominate an arbitrator for opposite party No. 1 to decide the disputes between the parties.

( 2 ) THE facts alleged in the application are that Wahid Husain applicant and the three opposite parties entered into a partnership for a period of ten years by a registered deed dated 18th March, 1947 for trading in motor cars and for other allied purposes. The 21st clause of the partnership deed provides that:

"any dispute or difference which may arise between the partners or their representatives, with regard to the constr