JUDGMENT

Daniels, J. - This first appeal from order arises out of an arbitration award made without the intervention of the Court. The plaintiff-appellant came into Court with an application which is very inartistically drawn, but which has been treated throughout and is now treated by him as in substance an application to file an award under paragraph 20 of the second schedule of the Civil Procedure Code. In paragraph 6 of the plaint he stated that his object was to get the award filed, and to obtain a decree upon it. In the course of the proceedings a plea was taken before the learned Munsif that the defendant was a lunatic and incapable of representing his own interests. The learned Munsif ultimately, however, disposed of the matter by an ex parte order in these terms:

Judgment. Suit for the enforcement of an award. Defendant's pleader states that he has no instructions. Suit is heard ex parte. Claim is proved. Decreed with costs.

2. The defendant went in appeal to the learned District Judge. The learned District Judge held that the question of the defendant's capacity had not been properly disposed of in the proceedings. He, therefore, set aside the order of the learned Munsif and