1930

Present: Macdonell C.J. and Garvin S.P.J.

PEIRIS v. PEIRIS.

203-D. C. Kalutara, 14,379.

Arbitration-Extension of award-No minute on record-Oral evidence-Wilfully misleading arbitrator-Civil Procedure Code, s. 691.

Where, upon a reference to arbitration, the period for making the award has been extended and there is no minute on the record to that effect, the Court may take oral evidence to prove that the extension was, in fact, made.

The fact that the arbitrator accepted evidence which he should not have accepted does not amount to "wilfully misleading the arbitrator" within the meaning of section 691 of the Civil Procedure Code.

APPEAL from an order of the District Judge of Kalutara.

De Zoysa, K. C. (with him Ameresekere), for defendant, appellant.

Weerasooria (with him D. E. Wijeyawardana), for plaintiff, respondent.

November 12, 1930. MACDONELL C.J:-

This appeal seeks to invalidate a certain arbitration award and several points were raised before us. The first point was that there had not been a proper submission to arbitration as required by section 676 of the Civil Procedure Code, but that point was abandoned. The next poin