MALIK, CJ. :- This is a Civil Revision under Section 115 of the Civil Procedure Code.

2. The plaintiff filed a suit for recovery of a certain sum of money. The defendant denied his liability to pay the amount. The matter was referred to arbitration and the father of lawyer appearing for the plaintiff was appointed arbitrator. The arbitrator on the 16th of January, 1948, fixed the 22nd of January, 1948, for hearing and he gave notice of the late to counsel for the parties on the 16th of January, 1948. On the 22nd of January, 1948, the defendant did not appear and the plaintiff produced his evidence and on the 23rd of January, 1948, the arbitrator gave his award. The award was filed in the court of the learned Munsif to be made a rule of the court. The defendant objected to the award being made a rule of the court on the ground that he had no information of the date fixed.

The learned Munsif held that the defendant had no notice of the date fixed and the arbitrator was, therefore, guilty of legal misconduct and he set aside the award. The plaintiff appealed and the lower appellate court has held that notice to the counsel on the 16th of January, 1948, was notice to the defenda