(1.) THIS is an appeal against an order of the learned Additional District Judge, Jaipur, dated 31 -5 -1952, in a pending suit.
(2.) THE respondent instituted a suit for recovery of Rs. 21,646/12/3 against the appellant Phool Narain, which was contested by the appellant on various grounds. Various issues were struck, and 19 -5 -1952, was fixed for the recording of the evidence of the defendant himself The defendant appeared in the witness box, and instead of making any statement in respect of the matters in dispute stated that the parties had appointed arbitrators without intervention of the court, who fixed Rs. 7,816/ - to be payable to the plaintiff in respect of his claim, and that this amount had been paid under a receipt executed by the plaintiff, which was in the possession of the arbitrators.
(3.) WHETHER the alleged award was made by the arbitrators duly appointed by the parties and they are bound by it?