JUDGMENT

Mookerjee, J. - The two suits out of which the present Rules have arisen being Suits Nos. 33 and 49 of 1923 of the Court of Small Causes at Krishnagar, were referred to a certain arbitrator. The arbitrator submitted his award on the 17th August, 1923, on the 27th of August, 1923, the opposite party in these Rules put in a petition challenging the validity and correctness of the award. The petition was headed as one under para. 15 of Schedule II of the Code of Civil Procedure. It dealt substantially with two sorts of grievances. One was that there was misconduct on the part of the arbitrator, inasmuch as he had refused to take relevant evidence which the opposite party was ready to adduce before him and the other was that the arbitrator had been misled into coming to certain findings upon calculations which were the result of fraudulent representations made to him on behalf of the petitioner in these Rules. The matter came up before the learned Subordinate Judge on the 31st of August, 1923. The learned Judge noted in his judgment that an objection had been taken to the award on the allegation that the arbitrator had been guilty of misconduct in not taking into evidence all t