Judgement

Appeal (No. 7 of 1926) from an order of the Court of the Judicial Commissioner of Sind in its revisional jurisdiction (April 6, 1925) reversing an order of that Court in its District Court jurisdiction.

By a contract in writing dated December 1, 1919, the respondent agreed to purchase from the appellants "600 bales only American old newspapers, each bale of 5 cwts.," at a named price. The contract contained a clause referring all disputes to the arbitration of two arbitrators in Karachi with power to them to nominate an umpire in the event of disagreement.

Differences, which arose owing to the respondent refusing to take delivery of 400 out of the 600 bales contracted for, were referred under the contract to two arbitrators; upon their disagreeing they nominated an umpire.

On November 8, 1920, the umpire issued his award, which recited that the reference was as to certain

4 Law. Rep. 54 Ind. App. 427 ( 1926- 1927) Saleh Mahomed Umer Dossal V. Nathoomal Kessamal

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disputes arising between the present parties " under a contract made between them, No. 8/06, dated December 1, 1919." The award contained no further reference to the contract or its terms. It provided that the