AISHABAI Vs. ESSAJI TAJBHAI

JUDGEMENT

(1.) This is an appeal from a judgment of Davar J. "whereby he set aside an award upon motion of the respondent on the ground of misconduct on the part of the umpire named in an order of reference.

(2.) The reference was made in a suit filed by the appellant against the respondent to recover the amounts alleged to be. due on a mortgage and two deeds of further change.

(3.) In the plaint an adjustment of account, dated the 31st of August 1910, was alleged from which it appeared that the sum of Rs. 5,71,770-2-0 was found to be due to the plaintiff which sum had been slightly reduced by payments made by the defendant prior to the date of suit, namely, the nth of October 1910.