( 1 ) THIS is an appeal from a decree passed in terms of an award. The facts are as follows :

( 2 ) THE parties entered into an agreement to refer the disputes regarding Krishna Oil Factory to the arbitration of two persons Sri Bankey Lal and Sri Hira Lal, vakils of the civil courts, Aligarh. The agreement is dated 12-3-1948 and is Ex. 1. Thereafter Shri Ram and Shripat Singh, two of the parties, entered into an agreement on 27-8-1948 to refer another dispute between them relating to an amount of Rs. 4,000/- to arbitration. Under this agreement they appointed the very same arbitrator. The arbitrators entered upon the reference towards the end of October 1948. Although the arbitrators entered upon the reference very late so far as the first agreement was concerned, none of the parties objected to the arbitrators doing so. The arbitrators gave a joint award on both of the references. This indeed seems to have been the intention of the parties, as it has been contended before us that the arbitrators should not have given a joint award. The date of this award is 15-11-1948.

( 3 ) ON 3-1-1949 Shri Ram appellant filed a suit (No. 6 of 1949) in the court of the Civil Judge ali