Law:

Section:

Arbitration Act (X of 1940)-------Ss. 30 & 33---Award---Setting aside of---Pending suit for specific performance of agreement application was submitted by parties for reference of dispute (subject-matter of suit) to nominated arbitrator and matter was accordingly referred to arbitration---Plaintiff by submitting application, sought cancellation of arbitration agreement alleging that he had lost confidence in majority of arbitrators---Pending application of plaintiff for cancellation of arbitration award was submitted by arbitrators in Court which was challenged by plaintiff in his application under Ss. 30 & 33 of Arbitration Act, 1940 on grounds, inter alia of misconduct of arbitrators---Trial Court set aside award, but Appellate Court below reversed the same holding that alleged misconduct of any of the arbitrators having not been established, no basis were available for setting aside the award---Appellate Court below had failed to notice that arbitrators had made secret enquiries, but material information gained in those secret enquiries which had influenced their mind was not disclosed to the parties---In first meeting of the arbitrators when parties were heard, one of the arbitrators was not present and on the date fixed for production of evidence, plaintiff had submitted application for revocation of arbitration agreement alleging that all arbitrators had joined hands to act against him, but arbitrators, despite such application, proceeded with case even in absence of plaintiff--­Statements of two arbitrators were divergent---Statement of one arbitrator with regard to taking oath of parties in mosque, did not go in line with the statement of the other---Date mentioned under signatures of arbitrators, differed from the date of proceedings---Such features being sufficient to render the reference abortive award was set aside. JUDGMENT This revision was directed against the judgment and decree dated 24-1-1985 whereby the appeal of Hassan Muhammad, respondent was accepted, award dated 9-8-1976 was made rule of the Court and decree in terms thereof was passed. 2. The relevant facts, briefly, stated are that a suit for specific performance of agreement…

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