Kafurchand Fulchand, a Firm vs Jewraj Chunilal, a Firm

C.C. Ghose, J.—This Rule arises out of certain proceedings had in the Court below by which the parties to a suit made an application for reference through Court to the arbitration of three persons of the dispute between them. It appears that three arbitrators were named in the submission. Then the question arose whether there should or should not be an umpire and the Court proceeded to exercise its function under Para. 4, Schedule 2, Civil P. C; but strangely enough the Court proceeded to appoint one of the arbitrators as the umpire. That is not allowable. An arbitrator cannot be an arbitrator as well as an umpire. The order therefore of the Munsif, dated 3rd December 1929, must be set aside as also all the subsequent orders, and the matter must go back to the Court below for proceeding according to law from the point when the submission to arbitration was filed in Court. The Court below can appoint an umpire under the provisions of Section 4; but the person who is to be appointed the umpire should not be at the same time an arbitrator. The result therefore is that the Rule is made absolute in the terms stated above with costs; hearing fee one gold mohur.