( 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 arbitr