ORDER

1. This is an application in revision against an order of the Additional Munsif of Gorakhpur, dated 8th March 1933, in a suit by the applicant against the opposite party. The suit arises out of an arbitration award. On. 25th April 1929, defendants 1 to 3, in the suit, executed a promissory note in. favour of defendant 4. On 19th December 1931, defendant 4 transferred the promissory note to the plaintiff. The plaintiff brought the suit on the basis of the proraissory note against defendants 1 to 3, and he also impleaded defendant 4.

2. Defendants 1 to 3 and the plaintiff agreed to have the question in dispute between them settled by arbitration. An arbitrator was appointed by the Court who heard evidence and arguments on behalf of the parties and finally issued an award in favour of defendants 1 to 3. As a result of this award the learned Munsif passed the order against which this application is preferred. The order is in these terms:

It is therefore held that the award is valid so far as it adjudicates matters between the plaintiff and defendants 1 and 3. As there was no reference by plaintiff and defendant 4, so the matters between them could not be decided by arbitrator. The C