JUDGMENT : Banerji, J. (After stating the facts as given above, his Lordship proceeded). We agree with the view adopted by the learned Judge. In our opinion, the order which the Court made on the 11th of March, 1902, in the previous suit directing the arbitrators who did not submit this award on the date fixed to return the record, was in substance and effect an order superseding the arbitration. The Court was under the circumstances fully competent to grant leave to the plaintiff to withdraw with liberty to bring a fresh suit, and such leave was granted in the present case. 2. That order has become final, and in the present suit the parties, or the Court hearing the suit, could not go behind it. There being thus an extant order which granted leave to bring a fresh suit, there was no bar to the institution of the present suit. The learned Vakil for the appellant has relied on the case of Sheoambar v. Deodat, [1886] I.L.R., 9 All., 168. It is not necessary for us to say whether we agree with that ruling or not as that case is clearly distinguishable from this. We dismiss the appeal with costs.