JUDGMENT

Kendall, J. - Mr. Upadhiya who holds the brief of Mr. Kanhaiya Lal Misra, counsel for the applicant, appeared before I signed my first order, and I have allowed the case to be argued on the merits.

2. This is an application for the revision of an order of the Additional Munsif of Azarngarh dismissing an objection to an award made by certain arbitrators. The facts are given in the order of the learned Additional Munsif. The objection has been made on the ground that one of the three arbitrators who had been appointed by the parties re-refused to sign the award. It was indeed stated on behalf of the applicant that he had not taken any part in the arbitration proceedings. The Court has found as a fact that all the arbitrators had arrived at a decision with respect to the subject-matter of dispute, that they waited to give the award in the hope that the parties might compromise, and then, when there was no compromise, one of the arbitrators refused to sign the award and filed his resignation. After considering the matter the Court has found that this did not amount to misconduct on the part of the arbitrator.

3. It has been argued by Mr. Upadhiya on behalf of the applicant that a