C.B. Agarwala, J. - (1.) This is a Plaintiff's appeal arising out of a suit for rendition of accounts. The suit was filed on the allegations that the Defendants and the Plaintiff carried on business at Bijnor in partnership, that the Plaintiff's share was three annas in a rupee, while the share of each of the Defendants was 61/4 annas, that the Defendants were to maintain accounts and to carry on the work of partnership.
(2.) Defendants 1 and 2 denied that there was any partnership between them and the Plaintiff, Defendant No. 3 admitted the partnership, but alleged that the shares of the Plaintiff and Defendant No. 3 were eight annas each in a rupee. He did not admit that any amount was due from him. There was also a difference as to the amount contributed to the partnership business.
(3.) After issues in the case, the parties agreed to refer the suit to the arbitration of one Sri Fateh Chand, Secretary, District Board, Bijnor. The arbitrator was empowered by the parties to decide the points in dispute and award costs of the suit after open or secret enquiries, or without making any enquiries or on the basis of his personal knowledge and that whatever award was given by him would be accepted by the parties without objection.;