Bacbawat, J. The respondent Jai Narain Misra is a building contractor. On September 2, 1944, ru: entered into a contract (No. ES. 2 944) with the Government of India represented by the Chief Engineer, Central Command, for the construction of additional quarters at T.P. 2 Kanpur. The contract contained an arbitration ' F clause. Disputes between the parties relating to the contract were referred to Col. H. T. Faithful. The arbitrator made his award on May 19,, 1947. On November 15, 1947 the respondent made an application for modifying the award and for remitting it to the arbitrator for re-consideration. On January 5, 1948, he filed • additional objections. By his order dated May 26, 1952 the Second Civil Judge, Kanpur, dismissed the objections and proG nounced judgment according to the award. The appellant filed an appeal against the order under s. 39 of the Arbitration Act, 1940. By an order dated December 5, 1962, the High Ceurt allowed the appeal ~nd set aside the award on th;: ground that it was vague and uncertam. The present appeal has been filed by the Union of India on the strength of a certificate granted by the High Court.
