JAHARMAL-DEBI DUTTA FIRM Vs. BIRINCHI BHUSAN NANDI

JUDGEMENT

(1.) This appeal is directed against an order by which the Additional Subordinate Judge of Pabna, acting under the Second schedule, rule 12, of the Code of Civil Procedure has modified an award made by an arbitrator.

(2.) The suit in which he award was made was one for dissolution of a partnership business and for accounts. It appears that the plaintiff s firm, who are primarily dealers in articles of various sorts, entered into an arrangement with the defendant for the purpose of carrying on building contracts. The firm was to supply the money and the defendant was to manage the business. The plaintiff s firm not only advanced the money for the business of their partner- ship contrasts but also advanced money to the defendant for his own purposes. After the suit had proceeded for sometime the parties agreed to refer the matter in arbitration and five points were set out for the decision of the arbitrator selected. The 5th of those points is "whether the defendant is liable to the plaintiff for any money and it so, what is its amount?" Having examined the documents and taking the evidence produced before him, the arbitrator came to the conclusion that the sum of Rs. 5,105-12-12 1/2 gds. was due from the defendant to the plaintiff s firm and made his award accordingly.

(3.) Against this award the defendant took a number of objections, alleging misconduct of various kinds against the arbitrator and also contending that in the sum awarded as due from the defendant to the plaintiff s firm the arbitrator had erroneously included a large sum as due by way of interest. All the allegations of misconduct were overruled by the Subordinate Judge and against his order, in so far as these charges were concerned, no appeal has been preferred by the defend-ant. The learned Subordinate Judge was, however, of opinion that in including in the sum awarded the sum shown in the books of the two firms as due by way of interest the arbitrator had fallen into error. On this account he has reduced the sum awarded by the arbitrator from Rs. 5,105 to Rs. 1,426 and odd. It is against this portion of his order that the plaintiff has appealed.