JUDGMENT

Mukerji, J. - This is an application to revise a decree of a Small Cause Court under the following circumstances:

The plaintiff, who is the applicant before this Court, filed a suit for recovery of money, and the defence was that the-defendant had paid back a certain sum of money. The plaintiff is a minor. The plaintiff's next friend and the defendant agreed to refer the point in dispute to the arbitration of a certain gentleman. The arbitrator did not give any award within the time allowed by the Court, and on 22nd June 1931, the learned Judge, Small Cause Court, passed an order superseding the reference to arbitration and fixed 16th July 1931 for hearing of the case. On 16th July 1531, the case was taken up and I find on the order sheet an order bearing that date, by which the arbitrator was to be summoned to appear before the Court on 5th August 1931. After this order there is a note that the arbitrator has heard the case referred to him on the merits. This information, which is recorded in the order-sheet, was furnished to the learned Judge by the defendant and there is a mention of this fact in his judgment. So far there was no order superseding the reference to arbitra