Meredith, J.

1. This appeal is directed against an order rejecting an application for passing a decree in terms of an award in an arbitration held out of Court. The appellant was the applicant. The Court below has rejected the application and set aside the award on the ground of misconduct on the part of the arbitrator, and the question is whether that finding of misconduct was justified. The alleged misconduct is that the arbitrator took evidence behind the backs of the parties with regard to the most important question in dispute, and based his decision on that evidence.

2. In the award the arbitrator says:

"The main dispute in this case is regarding one share of Calcutta Stock Exchange the value of which has considerably increased. This was purchased on 15-8-1937, for a sum of Rs. 20,000......I made enquiries at Calcutta on 7-1-1946, in this connection from Babu Jagannath Gupta and two other gentlemen of share market and fixed the valuation at Rs. 1,01,000."

Later he says:

"The parties did not adduce any oral or documentary evidence except the account books and statements of Babu Nagarmal Modi and Chandi Prasad Modi and Ganga Prasad Modi and Madanlal Modi."

It is admitte