JUDGMENT

Niamatullah, J. - This is an application in revision directed against a decree passed by the Judge of Small Cause Court at Muzaffarnagar dismissing the plaintiff-applicant's suit for recovery of a sum of Rs. 210 on foot of a promissory note alleged to have been executed by defendant 1 in favour of defendant 2, from whom the plaintiff took an assignment of his rights under the promissory note. The suit has been dismissed by the lower Court in terms of an award made by a certain arbitrator appointed by the plaintiff and defendant 1. Defendant 2 was no party to the agreement to refer. The only ground on which the decree of the lower Court is assailed is that, as defendant 2 did not join in the agreement to refer, the reference and the award made in pursuance thereof are illegal and void. Para. 2, Schedule 2, Civil P.C., provides that "where in any suit all the parties interested agree that any matter in difference between them" be referred to arbitration, they may apply to the Court for an order of reference. Para. 3 leaves no option to the Court, which must make a reference on the agreement to refer being filed by all the parties interested in the controversy to which the ref