( 1 ) THIS is an appeal of the first defendant, Sheoram Prasad, against the order passed by the Court of Additional District Judge, Rajnandgaon, in Civil Suit No. 86 a of 1954, refusing to set aside an award.

( 2 ) FIRM S. S. Gupta Bidi Works, Rajnandgaon, belonged jointly to Mst. Sheodulari, and the first defendant who is her husband's younger brother. Mst. Sheodulari is the wife of the third respondent, Sheogopal and step-mother of the plaintiff sheokumar, respondent 4. The partnership acquired some immoveable properties at Rajnandgaon and other places. By a registered deed ated 27-7-1945, Mst. Sheodulari transferred her interest in the business and the properties to the plaintiff. On 1-12-1948, the plaintiff and the first defendant took Radheshyam, defendant 3, as a partner of -/4/- share in the partnership business, the remaining -/12/- share being owned equally by the plaintiff and the first defendant. The irnmoveable properties continued to be owned by the plaintiff and the defendant 1 exclusively.

( 3 ) DISPUTES having arisen between the plaintiff and defendant 1, they appointed gajanand Prasad, respondent 2, as an arbitrator by a deed of agreement, dated 53-