CHAKRAVARTTI, C. J.

( 1 ) I have not found it altogether easy to decide this appeal, but the weight of authority compels me to take the view which I am taking, I would add that having had an opportunity to consider the 'matter more fully since we reserved judgment the day before yesterday, I cannot say that, after all, good sense may not be on the side of that view.

( 2 ) THE appeal is against an order of S. R. Das Gupta, J. , dated 25-5-1953, by which the learned Judge set aside an award in favour of the appellants on the ground that the arbitrators had mis-conducted themselves in proceeding against the respondents ex parte and in refusing to give them a proper opportunity for presenting their case. Such being the scope of the appeal, the dispute which was referred to arbitration is not of much consequence, Nevertheless, the facts may be stated in outline.

( 3 ) IT appears that on 29-8-1951, the appellants Messrs. Juggilal Kamlapat, agreed to sell and the respondents, the General Fibre Dealers Limited, agreed to buy 1,50,000 bags of Com Sacks at the rate of Rs. 220/- per 100 bags. We are informed that 1,50,000 bags would make five hundred bales. Delivery of the goods was to be

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