1. This Rule was issued for the purpose of examining whether an order made by the Second Additional Subordinate Judge, 24-Pargannas refusing to entertain an application for setting aside an arbitration in Title Suit No. 40 of 1931 was properly made. We have given our careful consideration to the facts of the case giving rise to the application on which this Rule was granted and we are unable to hold that the order passed by the learned Subordinate Judge should be interfered with. The order is in consonance with the decision of this Court in the case of Robindra Deb Manna v. Jogendra Deb Manna AIR 1923 Cal 410, and the learned Judge is right in holding that the charges of misconduct levelled against the arbitrator should not be inquired into at this stage, seeing that under Schedule 2, Civil P. C., the only time for entertaining charges of misconduct against an arbitrator is when the award has been filed in Court.
2. The Rule is discharged, but we direct that on failure by the arbitrator to make his award within three months from this date, the reference to arbitration made in the suit should be recalled and superseded, and the suit proceed with by the trial Court in accordance with law. The opposite parties are entitled to their costs In this Rule. The hearing fee is assessed at three gold mohurs. Let the record be returned as soon as possible and let the order be communicated to the Court below without any delay.