JUDGMENT

Walsh and Ryves, JJ. - In this case an order of reference outside the court was made to two arbitrators and an umpire, both the arbitrators being vakils of this Court and the umpire being a barrister, formerly of this Court. No order of reference was found necessary or was in fact obtained under paragraph 17 of the second schedule, we do not know why, but presumably because the parties were reasonable men of business and they did not consider it necessary to waste time and money in obtaining an order when they were entirely agreed about the procedure. The arbitration was begun, but unfortunately it fell through owing to one of the arbitrators declining to act. Thereupon, the present appellant applied to the Subordinate Judge of Allahabad for an order of reference under paragraph 17. and for an order under paragraph 5 appointing an arbitrator in the place of the vakil who had retired. The learned Judge took a very narrow view of the matter. He held that he was unable to appoint a fresh arbitrator, because there was no provision to that effect in the deed of agreement, and that it was not proposed to appoint anybody who was specifically named in that deed of agreement. If it