( 1 ) THIS is an appeal from an order of the Civil Judge Bareilly dismissing the appellants application under Section 20 of the Arbitration Act.

( 2 ) THERE was a contract between the appellant and respondent No. 1 about the supply of fuel by the former to the latter for one year ending on 20-2-1952; it contained an arbitration clause for reference of a dispute arising under it to the arbitration of respondent No. 2. Some dispute arose between the parties about the quality of the fuel supplied and on 28-6-1951 respondent No. 1 informed the appellant that it had rescinded the contract. The appellant protested against the decision, but his protests were ignored and on 12-7-1951 respondent No. 1 informed him by telegram that the decision to rescind the contract was final. On 3-11-1951 the appellant asked respondent No. 1 to refers the dispute between them to the arbitration of respondent No. 2 according to the arbitration clause of the contract but the respondent refused to do so and communicated its refusal to him on 23-11-1951. After remaining quiet for some time he filed, the application under Section 20 of the Arbitration act, in the court below on 3-8-1954. The trial co