Before S. A. Rahman, J.
BHAWAL BAKHSH and other-Respondents
First Appeal No. 23 of 1949, decided on 21st March, 1950, from the order of Sub-Judge, 1st Class, Gujrat.
(a) Arbitration Act (X of 1940), Ss. 25 and 30-Discretion of Court to set aside award-Not controlled by agreement between parties-Unjustifiable ex-parte award by umpire-Mis¬conduct-Award set aside.
1 Cal. 466; 1 1. C. 371; 6 Mad. 368, and 42 I. C. 706 relied on. A. I. R. 1916 Lah. 180, and (1892) 3 Ch. 441 dissented from.
(b) Arbitration Act (X of 1940), First schedule, para. 3-¬When is an arbitrator said to enter on reference.
An arbitrator enters on the reference when he enters upon the matter of the reference, i. e., when the parties are before him or under some pre-emptory order he is compelled to conclude the hearing ex parte. [p. 233].
A. I. R. 1922 All. 106 relied on.
(c) Arbitration Act (X of 1940), S. 8-No limitation for filling vacancy in office o” umpire. (obiter).
B. Z. Kaikaus, for Appellant.
Muhammad Shaft, for Respondent.