(1.) The following question has been referred to us by a Bench of this Court for decision :
(2.) The relevant facts are very few. The parties to this appeal are relations. They referred their dispute to arbitration. The arbitrators gave an award and the plaintiffs-respondents applied under the Arbitration Act to the Civil Judge of Jaunpur that the award may be filed in Court and a decree be passed in terms thereof. In defence the defendant-appellant raised several pleas. On 24-9-1945, the date fixed for the hearing of the case, the defendant-appellant stated,
(3.) The counsel for the plaintiffs stated, "We agree to the decision of the case on the statement of Balmakund plaintiff on the oath of Gangajali."