GANGA PRASAD MODI Vs. NAGARMAL MODI

JUDGEMENT

(1.) THIS appeal is directed against an order rejecting an application for passing a decree in terms of an award in an arbitration held out of Court. The appellant was the applicant. The Court below has rejected the application and set aside the award on the ground of misconduct on the part of the arbitrator, and the question is whether that finding of misconduct was justified. The alleged misconduct is that the arbitrator took evidence behind the backs of the parties with regard to the most important question in dispute, and based his decision on that evidence.

(2.) IN the award the arbitrator says:

(3.) THE learned author also refers to Dobson v. Groves, (1844) 14 L. J. Q. B. 17 : (6 Q. B. 63)' where the arbitrator explained that all that had happened, when he was closeted with a witness and a pleader, was that the witness merely explained the plans and the pleader was present to give him information in connection with the case, but his opinion was not biased by any of those facts. THE Court held that there was an opportunity for the mind of the arbitrator being biased and set aside the award.