Lord Radcliffe.-

The purpose of this appeal is to secure the setting aside of an interim award made on 9th January 1941, by Sir Manmatha Nath Mukherjee, sitting as sole arbitrator appointed by agreement of the parties to a partnership suit. An application by appellant 1 to set aside, remit or modify the award was dismissed by the High Court at Calcutta on 7th March 1941, and on 10th March 1941, the same Court made a decree that the award should be carried into effect. An appeal was taken to the High Court in its appellate jurisdiction and on 28th May 1946, that appeal was dismissed. It is from the judgment and orders made on that appeal that the present appeal reaches this Board.

[2] It is necessary to make some reference to the facts that led up to the arbitration in order to appreciate what it is of which the appellants complain. The arbitration concerned the affairs of a partnership business known as Hurdutroy Chamria "or Hurdutroy Chamris and Co. The business seems to have been originally in the sole bands of Hurdutroy Chamria, but at any irate by 6th October 1910, he had made a written agreement associating with him as a partner his nephew Ramprotap. Hurdutroy married three time