Allahabad High Court
Nainsukh Rai vs Umadai on 22 December, 1884
Equivalent citations: (1885)ILR 7ALL273
JUDGMENT Oldfield, J.
1. The Subordinate Judge has rejected the award on the mere surmise that the arbitrator was partial, the grounds being that his decision is summary, and he failed to take evidence. An award can only be set aside for corruption or misconduct. But there are no sufficient reasons for assuming corruption or misconduct; and in the absence of any evidence on these points the award cannot be set aside. The defendant, after having agreed to refer to arbitration, and after the order of reference had been made by the Court under Section 508, could not arbitrarily and on no sufficient ground withdraw from her agreement Pestonjee Nussurwanjee v. Manockjee & Co. 12 Moo. I.A. 130. The objection therefore on the defendant's parr, that the reference had been revoked, fails. The decree is set aside, and the casewdlge back to the Subordinate Judge to determine the other objection taken to the award, and if it fails, to decree in accordance with the award: costs to follow the result.