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1. The present appeal is a sequel to proceedings under Section 33 of the Arbitration Act and arises in the following circumstances.

2. M/s. Amroha Sahkari Kraya Vikaraya Samiti Limited (hereinafter referred to as the Society) set up a claim for Rs. 21,756.60 p. against Fida Ali, the appellant. The plaintiff denied his liability to pay any amount. Thus, a dispute arose between the parties. Mohammad Umar, Additional District Co-operative Officer, respondent No. 3, was appointed as Arbitrator within the meaning of Rule 115 of the Rules framed under the Co-operative Societies Act (hereinafter referred to as the Rules). The Arbitrator called upon the plaintiff to appear on 27th November, 1964, in connection with the claim. The plaintiff filed a written statement refuting the allegations of the Society. He also challenged the jurisdiction and the authority of the Arbitrator. The Arbitrator, however, accepted the claim of the society and gave an award in favour of the Society for the amount claimed. Fida Ali, the appellant, thereupon, filed an application under Section 33 of the Arbitration Act. Later on, he valued the action as a suit and paid court-fees for the relief of declaration that there was no valid arbitration between the plaintiff and defendant No. 1 and the resultant proceedings, including the award made by respondent No. 3 were without jurisdiction. The stand of the plaintiff was that he was not a member of the defendant Society nor he had any dealings with the Society. There was no agreement between the parties to refer the dispute to an Arbitrator and so the entire proceedings resulting in the award were without jurisdiction.