( 1 ) THIS revision application has been preferred against the order dated the 1st of january, 1962 passed by the Addl. District Judge, Gwalior, in Civil Misc. Case No. 19 of 1961 whereby the present petitioner's application under Section 41 of the indian Arbitration Act read with Section 151 of the Code of Civil Procedure was dismissed.

( 2 ) THE parties to the action appointed arbitrators on 23-9-1960 for the partition of their joint family property; but so far as the arbitrators have failed to effect the partition. The petitioner formerly submitted applications under Sections 20 and 41 of the Indian Arbitration Act (hereinafter referred to as the Act) which were both dismissed by the Additional District Judge, Gwalior on 28-4-1961. On an appeal being preferred against that order it was held by a Division Bench of this Court that since no difference had arisen between the parties with regard to any of the matters to which the arbitration agreement applied, Section 20 of the Act could not be invoked by the present petitioner. Thereafter the present petitioner filed a fresh application under Section 41 of the Arbitration Act praying for the appointment of a receive