(1.) This appeal is against the judgment of my learned brother C. C. Ghose, J., dated the 23rd January 1925 dismissing the application of Narendra Nath Das, the present appellant, to set aside an award dated the 10 September 1924 made by certain persons purporting to act as arbitrators oil the reference of a dispute between him and the respondent Haran Chandra Bose.
(2.) What the dispute was or how it arose it is not in the least degree material to enquire and the facts with which we are concerned begin with the submission dated the 1 August 1915 whereby the parties submitted to three named individuals, Rama Nath Ghose, Sarat Chandra Ghose and Jnan Chandra Ghose, the settlement of their differences. The terms of the submission are as follows: I Sree Narendra Nath Das and I Sree Haran Chandra Ghose, we both appoint you as arbitrators for settlement of our difference in connection with the premises No. 41 Newgipukur Lane and with our dealings between each other; whatever decision you will give will be accepted. Finis, 1 August 1915.
(3.) I may at once mention that I shall refer for the narrative to documents not to be found in the record of this appeal to which our attention has been directed by consent of learned Counsel for the parties.