Aitken Spence Amp Co V. Fernando

AITKEN SPENCE & CO. v. FERNANDO.

D. C., Colombo, 12,706.

Arbitration-Special authority to proctor under s. 676 of the Code to refer a matter to arbitration-Stamp thereon-" Recognized agent"-Necessity of filing power of attorney in Court-When to be filed-Effect of an arbitrator proceeding ex parte-Setting aside award-Misconduct of arbitrator under 8. 601 (a) of the Code-Cost of successful appellant refused for perverse conduct-Entering decree after appeal filed against previous order.

The special authority under section 676 of the Civil Procedure Code to a proctor to refer a matter to arbitration need not be stamped.

The requirement of section 25 (b) of the Civil Procedure Code, that the power of attorney in favour of a " recognized agent " or a copy thereof should be filed in Court, is complied with by such power or copy being filed at any stage of the case, and not necessarily when the recognized agent takes his initial step therein.

An arbitrator cannot, under the Roman-Dutch Law, proceed in the absence of one of the parties; and where he hears a case ex parte he is guilty of misconduct under section 691 (a) of the Civil Procedur

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