( 1 ) THIS is an appeal by Ram Taran Das and is directed against an order of Mr. B. P. Bakshi, learned Subordinate Judge, 1st Court, Hooghly, dated 5/10/1950.

( 2 ) THE appeal arises out of certain proceedings in arbitration which arose out of a dispute between the descendants of one Ram Jiban Das. The relationship of the parties is set forth in the following genealogical table.

( 3 ) IN consequence of disputes between the descendants of Ran Jiban Das there was an agreement to refer such disputes to the arbitration of five persons as arbitrators. The agreement is dated 25/7/1945. The arbitrators chosen by the parties were Rama Prosad Choudhury, Rai Saheb Haradhone Chandra, Khitindra Nath Rai Choudhury, Jitendra Nath Palit and Kanti Charan Pal. The arbitrators met together on several occasions and ultimately an award was made on 12/10/1948. The award was signed by four out of the five arbitrators; Kanti Charan Pal did not sign the award. On 18/10/1948, an application was made by Ram Taran Das under the provisions of Section 14, Arbitration Act, 1940, for calling upon the arbitrators to file the award. In pursuance of a direction by the Court one of the arbitrators Jitendra