( 1 ) THIS appeal is directed against the judgment passed by the learned Assistant District Judge, 2nd Court, Hooghly in other Suit No. 113 of 1987. By the aforesaid judgment, the learned trial Judge has allowed the application made by the defendant No. 1 Chitta Ranjan Chatterjee for acceptance of the award passed by the Arbitrators, respondents Nos. 2 to 4 and to make the award a decree of the Court under S. 14 of the Arbitration Act.

( 2 ) IT is an admitted case of the parties that the said Chitta Ranjan Chatterjee and the defendant No. 1 appellant Nityaranjan Chatterjee are brothers and in order to settle their disputes, they appointed the said arbitrators. The arbitrators thereafter passed an award and they also filed the said award in the court with a prayer for passing the decree in terms of the award. After the award was filed in the court, the summons was issued to the parties to the award and the defendant No 1 prayed for accepting the award and to make it a decree of the court, but the defendant No. 2 contended that the award was improper and there was misconduct on the part of the arbitrators. Accordingly, the award should be set aside.

( 3 ) FOR appreci