Curgenven, J.

1. This was a suit to arbitration and the finding of fact is that out of five arbitrators one was absent during the examination of one of the witnesses. The learned District Munsif is of opinion that the terms of reference provided for such a contingency inasmuch as the parties agreed that the opinion of the majority should be accepted. But it is one thing to say that and quite another thing to say that the parties agreed that the arbitration might be conducted by a majority, or by less than the full number of arbitrators. This view of the lower Court has not been supported here and it must be found on the authority of Thammiraju v. Bapiraju [1889]12Mad.113, that it was incumbent on each of the arbitrators to bo present at each of the meetings and that accordingly, if the mtster stood there, the award would be liable to be set aside as illegal. The learned District Munsif has however also found that, if there was any irregularity from this cause, the plaintiff has waived it. He notes that the plaintiffs next friend was present on each occasion and has admitted that he took no notice of the circumstance that one of the arbitrators was on one occasion absent. It