Beg, J. - (1.) This is a plaintiff's revision application. It arises out of a suit filed by the plaintiff for dissolution of partnership and for rendition of accounts.
(2.) It appears that during the pendency of the suit in the trial court the parties entered into an agreement by virtue of which they appointed an arbitrator who was authorised to give an award in respect of the disputes that had arisen between the parties. The matter was accordingly referred to the arbitrator who pronounced the award. The plaintiff thereafter applied to the court praying that a decree be passed in terms of the award given by the arbitrator. This was objected to by defendant not respondent.
(3.) Reliance on behalf of the defendant no. 1 was placed on Section 47 of the Arbitration Act which lays down as follows:- "Subject to the provisions of Section 16 and save in so far as is otherwise provided by any law for the time being in force, the provisions of this Act shall apply to all arbitration and to all proceedings there under: Provided that an arbitration award otherwise obtained may with the consent of all the parties interested be taken into consideration as a compromise or adjustment of a suit by any Court before which the suit is pending.";