MALIK, CJ. :- This is a defendants appeal against an order passed by the lower court directing that a decree be passed in terms of an award. The parties are brothers. On 17-8-1948, they entered into an agreement along with their mother Rajwanti and the dispute was referred to two arbitrators, Girdharilal and Madho Prasad. Within 10 or 12 days of the reference the two arbitrators started the work, gave notice to the parties and started recording the evidence. On 25-7-1949 Rajwanti died. On 31-8-1950 one of the brothers, Hari Shanker Lal, gave a notice to the arbitrators that they should proceed with the reference and give an award by an early date. On 1-10-1950, the award was given, Thereafter Hari Shanker Lal applied that the award be filed and made a rule of the court. The application was registered as a suit and notice was issued to Shambhu Nath and Kedar Nath, Shambhu Nath filed the following objections :

(i) That the arbitrators had not complied with the provisions of Rule 2, Sch. 1, Arbitration; Act and the award was void on that ground.

(ii) That the award was given beyond time,

(iii) That after Rajwantis death the reference had elapsed and there was no fresh agreeme