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TMI Blog1952 (10) TMI 42X X X X Extracts X X X X X X X X Extracts X X X X ..... e High Court appeal reversed the judgment of the trial Court and dismissed the plaintiffs suit. This appeal has-been filed by the plaintiff with the certificate of the High Court against that decision. One P. Narayanappa died in 1927 leaving him surviving the plaintiff his widow, the defendant I his undivided brother, the defendant 2 a son -of his another pre-deceased brother, and defendant 3 his son by his pre- deceased wife. 'The deceased had purported to make a will dated 1st May, 1927 under which he had made certain provision -for her maintanence , and residence, The plaintiff stayed with the family for some time but had to leave the family house owing to disputes which arose between her and the senior wife of defendant 1. She live ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o. 5 in the record. After obtaining the two statements, the arbitrator made and published his award the 12th March, 1945. It was this award that was challenged by the plaintiff. The legal misconduct which was alleged against the arbitrator was that he examined each party in the absence of the other. It was contended behalf of the plaintiff that even though the petition for reference to arbitration as also the statements Exhibits Nos. 4 & 5 authorised the arbitrator to settle the disputes according to law after perusing the plaint and the written statements, the arbitrator examined defendant I in the absence of the plaintiff and also perused what was called the settlement of the 1st May, 1927, without giving an opportunity to the plaintiff ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatement. These statements were as follows:- (1)"She felt glad with what was given to her by her husband." (2)"It is seen from the Government accounts that as per the settlement made by her husband, the lands given to her have been in her possession." (3)"Just like the plaintiff has her jewels in her possession, the other females in the house have their jewels in their respective possession only. The undivided family has no manner of right therein." and (4) "Considering the domestic circumstances our elder brother provided maintenance for the third wife, the plaintiff, just as he had provided maintenance for his second wife." These statements constituted evidence given by the defendant I in a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of having the evidence of the defendant I taken in her presence so that she could suggest cross-examination or herself cross-examine the defendant I and also be able to find evidence, if she could, that would meet and answer the evidence given by the defendant 1. As was, observed by Lord Langdale M. R. in Harvey v. Shelton(1), "It is so ordinary a principle in the administration of justice, that no party to a cause can be allowed to use any means whatsoever to influence the mind of the Judge, which means are not known to and capable of being met and resisted by the, other party, that it is impossible, for a moment, not to see, that this was an extremely indiscreet mode of proceeding, to say the very least of it., It is contrary to ever ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... may be a most respectable man; but even so, his conduct cannot be reconciled to general principles. "A Judge must not take upon himself to say, whether evidence improperly admitted had or had not an effect upon his mind The award may have done perfect justice: but upon general principles it cannot be supported." Per Lord Eldon, Lord Chancellor, in Walker v. Frobisher(1). To the same effect are the observations of Lord Justice Knight Bruce in Haigh v. Haigh(1): "It is true that he states in his affidavit that he did not allow those explanations to influence him in -his report upon the accounts, and I have no doubt he honestly intended this to be the case; but it is impossible to gauge the influence which such statements ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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