C.S.P. SINGH, J. :- Ambika Prasad, the plaintiff-respondent in the present appeal filed a suit against the appellant, and certain other respondents claiming a declaration that the arbitration award dated 18-8-1965 was illegal and invalid and for dissolution and rendition of accounts of the firm Kedar Nath Kailash Nath. The defence of the appellant was that the suit was barred by the provisions of Section 3 of the Arbitration Act, read with Rule 7 of the First Schedule as also by Section 32 of the same Act. Certain other pleas in defence were taken, but it is not relevant to mention them for the - purposes of the present appeal

2. The defence that the suit was barred in view of the provisions of the Arbitration Act was based on the fact that before the filing of the suit, a reference of the dispute had been made to arbitrator and an award in favour of the defendant had been given on 18th August 1965, which had been subsequently registered and a copy thereof had been sent to each of the partners. The plaintiff under the award was to pay a sum of Rs. 5,764/76 paise to, the contesting defendant. No proceedings for setting aside this award were taken by the plaintiff and as such