( 1 ) THIS appeal under Section 39 of the Arbitration Act is directed against an order dated 6-11-1961 refusing to set aside an award. Material facts are as follows.

( 2 ) TWO brothers Basantilal and Keshrimal who are residents of Shajapur formed a joint Hindu family possessing Joint Hindu family property. Kesharimal has two sons vimalchand and Paraschand whereas Basantilal has two sons Ashok and sudarshan. The family continued to be joint when in the year 1958 disputes cropped up between the two branches of the family represented by the two brothers Keshrimal and Basantilal. On 14-7-1958 the dispute as to their joint family property and its division was referred to arbitration of four arbitrators poonamchand, Mishrilal, Kanhaiyalal and Gangabisan. Reference to arbitration was drawn up in writing, signed by Keshrimal and his sons as well as by Basantilal.

( 3 ) ON 16-7-1958 all the arbitrators except Poonam Chand were present. They wrote to the latter that either he should keep himself present at each sitting or authorize the rest to carry on proceedings as to recording of evidence etc. in his absence. On 8th April 1959 while the matter was in the hands of these arbitrators mishrilal informed that he was no longer able to participate in the proceedings in his capacity as an arbitrator. Thereupon the two brothers Kesharimal and basantilal agreed afresh to submit the dispute to the three remaining arbitrators only. The original agreement of reference though drawn up in the name of these two brothers bore the signatures of the two sons of Kesharimal as well. But in the agreement which was made later on by the two brothers for referring the dispute to the remaining three arbitrators no signatures of the sons of Kesharimal were obtained. However even this submission became futile as Poonamchand later expressed his inability to work as an arbitrator. Ultimately by the third agreement d/-12-9-1959 the two brothers Kesharimal and Basantilal referred the dispute to arbitration of the two remaining arbitrators namely Kanhaiyalal and Gangabisan. Upon this agreement also the sons of Keshrimal did not append their signatures as they had done in the case of reference dated 14-7-1958.

( 4 ) THE arbitrators then gave their award on 12-9-1959. On the same date the two brothers put their signatures of acceptance below the award. The two days later i. e. on 14-9-1959 Kesharimal addressed a notice to the arbitrators complaining that although they had obtained his signature to the award, they had not explained to him the contents of the same; that thereupon he had sent Puralal and on his going through it Puralal had informed him about its terms. According to him the award erroneously mentioned about his having accepted certain facts when factually he had not; that they had also not recorded complete evidence which he wanted to adduce; that they had not secured the signatures of his son of the submission. The sons of Kesharimal also gave notice dated 14-9-1959 questioning the award.

( 5 ) ON 9-10-1959 Kesharimal and his two sons submitted an application in the court of Additional District Judge Shajapur seeking to set aside the award on the grounds:- (1) That whereas under submission dated 14-7-1958 four arbitrators had been appointed, the award was given only by two of them and that too after a period of one year and two months. In modifying the constitution of the body of arbitrators by dropping two of them the signatures of all parties to the original reference had not been taken. (2) That the arbitrators had not followed the rules of natural justice. (3) That the award was ready from before and all that the arbitrators did was to affirm it no sooner they secured the signatures of Basantilal and Kesharimal.

( 6 ) THE learned Judge who heard these objections held that the reference was quite lawful as Kesharimal and Basantilal as heads of their respective branches had sufficient authority to refer the dispute as to their joint family