( 1 ) IN a suit for the dissolution of partnership and for the taking of accounts filed by the plaintiff-respondent agajnst the defendant-appellant, the matter in dispute was referred to the arbitration of Sri Brij Nath Mittal, an advocate practising at Meerut. The agreement of reference, inter alia, provided that the arbitrator will be empowered to decide the points at issue between the parties after tile taking of evidence which the parties may choose to produce before him, or without taking evidence but on his own personal knowledge, and the award which he would thereafter make will be binding upon the parties. It further provided that it will not be incumbent upon the arbitrator to reduce evidence into writing. It also provided that he may decide the matter in any manner he thinks fit. The terms of agreement, therefore, clothed the arbitrator with full powers to decide the points in controversy between the parties (a) after the taking of evidence, or (b) on his personal knowledge. Those terms cannot be interpreted to mean that the arbitrator could decide the points in controversy, though not on personal knowledge but on taking evidence of one party, or upon contac