1. This appeal arises out of a proceeding under Section 30, Arbitration Act, commenced by the appellant Janardanprasad.

2. A dispute between Janardanprasad and his brother Chandrasekhar, respondent 1, was referred to the arbitration of their sister Mt. Umabai, respondent 3 and her husband Dwarkaprasad respondent 2 under an arbitration agreement dated 3-8-1943.

3. The arbitrators made and signed an award on 11-1-1944. It required registration as it related to the partition of immovable property. A document purporting to be an award was presented for registration on 12-1-1944 and was registered on 13-1-1944. It is Ex. 1 N.A. 4. Thereafter the arbitrators made a second award on 26-1-1944 (Ex.1 N.A. 3).

4. On 24-4-1944 Janardanprasad made an application purporting to be under Section 30, Arbitration Act of 1940, alleging that the arbitrators gave their first award on 11-1-1944 and that:

these arbitrators being influenced by other persons misconducted themselves to such an extent that second award wag procured from them which was mala fide full of irregularities invalid and illegal. Janardanprasad therefore desired that the Arbitrators 1 and 2 should be directed by the Court to file