( 1 ) ON an application made by Satya Narain, Swami Dayal, Brahma Narain, Bishun Narain and mahesh Narain against Jugul Kishore, Bishwa Nath, Nawai Kishore and Kishun Narain minor under the guardianship of his mother Smt. Kamla Devi under Sections 14 and 17 of the arbitration Act (No. X of 1940) requiring an award to be filed and to pronounce judgment and decree in terms of the award, the Court below rejected the application and refused to grant the prayers aforesaid by an order dated the 5th of July, 1954. Aggrieved by that order the applicants have preferred this appeal under Section 39 of the Arbitration Act.

( 2 ) THE parties are descended from one Mukand Ram who had three sons Khunno Lal, Munnoo lal and Munai Lall all of whom are dead. Jugul Kishore, Bishwa Nath and Nawal Kishore are the sons of Khunnoo Lal. They had another brother by name Kailash Narain who died leaving him surviving his widow Smt. Kamla Devi and his minor son Kishun Narain. Satya Narain applicant is the son of Munai Lal. Swami Dayal, Brahma Narain. Bishun Narain and Mahesh narain applicants are the sons of Munnu Lal. The family continued joint up to the year 1944. On the 15th of April, 1944, t