1. I must allow this appeal. Aa regards the question whether the order of the Munsif Betting aside the award could be challenged in appeal before the District Judge, there is a decision binding upon me by two Judges of this Court in the case of Ram Autar Tewari v. Deoki Tewari (1) which apparently was not brought to the notice of the learned Judge of the Court below, as he held himself bound by Ganga Prasad v. Kura (2), which has since been differed from. The further question-arises whether the Munaif's order can be supported. He appears to have set aside the award upon the ground that although there were two arbitrators the award was signed only by the plaintiff's arbitrator and the umpire and that therefore it was invalid. There is a decision reported as Muthukutti Nayalcan v. Acha Nayakan (3), which although not binding upon me, I should in any case follow and hold that this is not a sufficient ground for setting aside an award.
2. The Munsif before doing so should have gone into the merits and ascertained whether the award had been arrived at for the arbitrators and represented the decision. Apart from this if it were held that failure by the arbitrator of one party to sign an award rendered it invalid, it would always be possible for any party to render arbitration proceedings wholly in fructuous by persuading his arbitrator not to sign the award. In the absence of authority to support the decision of the Court below, I have no option but to allow the appeal with coats here and in the lower Court and I direct a decree to be drawn up in favour of the plaintiff in accordance with the award.
V.B/R.K
3. Appeal allowed.