JUDGMENT

1. This is an appeal from an order by the District; Judge of Cawnpore, dated the 21st of February 1920, refusing; to file an award. The application on which the order was made was presented by one of the arbitrators at the request of the successful party in the arbitration, namely, the present appellant. An objection was made to the application by the present respondents on the ground that there had been no valid submission,

2. A preliminary objection was raised at the hearing of the appeal on the ground that no appeal lies. On the face of the order, it is clearly one within the expressed provision of Section 104(1)(f) of the Civil Procedure Code, being "an order refusing to file an award in an arbitration without the intervention of the Court." The District Judge decided that this section does not apply to the arbitration award, as this award purports to have been under the Arbitration Act (IX of 1899). There is nothing in that Act to support this view, and it is to be noted that the Civil-Procedure Code was re-enacted some years later than the Arbitration Act. In support of the preliminary objection an authority has been sited, Campbell & Co. v. Jeshrai Giridhari Lall 46 I