MATHUR, J :- This is an appeal by Sunder Lal Haveliwala against the order dated 26-9-1964 of the Civil Judge of Dehradun, allowing the application of Smt. Bhagwati Devi and Madho Lal Haveliwala, plaintiffs, for appointment of a Receiver and appointing two senior Advocates of Dehra Dun, namely, Sri. Chamaa Lal Singal and Sri B. B. Saran, as Receivers of Sri Janki Sugar Mills and Co., Doiwala.

2. The material facts of the case are that on October 25, 1952, seth Sunder Lal, appellant, seth Madan Lal, husband of Smt. Bhagwati Devi and father of Madho Lal, and Seth Sarju Prasad entered into partnership to run the above sugar Mills at Doiwala. The three partners were brothers and the share of each was one-third. The partnership agreement executed by the three partners is on the record and clause 9 there of provided.

"That in case of any dispute amongst the partners the matter shall be referred to an arbitration and the award of the arbitrator or the arbitrators as the case may be shall be final and binding on the partners.

3. Seth Madan Lal died on April 24, 1964, and the partnership automatically stood dissolved. There was no fresh partnership ; but since after the death of seth M