RANDHIR SINGH, J.:- This is an appeal against the order of the Additional Civil Judge of Gonda dismissing an application under S.14 of the Indian Arbitration Act which was treated as a suit, for the filing of an award and for a decree on the basis of the award.

2. The plaintiffs appellants and the defendant are own brothers, being the sons of Patan Din. They formed a joint Hindu family and were possessed of business and movable and immovable properties. Disputes arose amongst the brothers and ultimately it was agreed that the properties be partitioned. An agreement was executed on the 8th October, 1946, by means of which the parties appointed six arbitrators, including a sarpanch, for the partitioning of the properties and for settling the dispute.

The arbitrators then entered upon their duty and after examining the parties and their evidence gave an award on 13-1-1947. The award was registered. On 14-7-1947, an application was made by tire plaintiffs appellants purporting to be one under S.14 of the Arbitration Act, though it was wrongly described as an application under S.51. of the Act, praying that the arbitrators be directed to file the award and a decree be passed on t