JUDGMENT : KNOX, J.:— A preliminary objection is taken to the hearing of this appeal on the ground that under section 522 of the Code of Civil Procedure no appeal lies. On the 10th July, 1903, the the parties to the suit, out of which this appeal has arisen, applied under section 506 of the Code of Civil Procedure, that the matters in difference between them might be referred to the arbitration of Babu Lalta Prasad, a Vakil of the High Court, and the Court made the order of reference prayed for. On the 14th July, the present appellant put in an application to the effect that since he had with the consent of the plaintiff appointed Babu Lalta Prasad arbitrator, he had come to know that the said Babu Lalta Prasad was a friend and class-fellow of one of the plaintiffs, Babu Bhairon Prasad Singh. He accordingly prayed that some person other than Lalta Prasad might be appointed arbitrator by the Court. The learned Subordinate Judge refused the application on the ground that no section of the Code of Civil Procedure was applicable to the circumstances, and that it was premature. The arbitrator delivered his award within the time appointed. Two objections were urged by the present appellant to the award, one on the ground of the arbitrator's misconduct in refusing to summon and to examine certain witnesses; the other, on the ground of his partiality in allowing the plaintiff half of his claim on evidence which did not support the finding. The learned Subordinate Judge considered these objections and overruled them. Ultimately he pronounced a decree in accord ance with the award. In our opinion the preliminary objection must succeed. The learned counsel for the appellant urged that there was in fact no submission to arbitration on the part of his client and referred us to certain rulings to the effect that on good cause shown, a party to a reference to arbitration may withdraw therefrom. No ruling was shown to us to support the view that a party who had agreed to an arbitration and selected an arbitra tor, could ask the Court to appoint another arbitrator. It is only under section 510 of the Code of Civil Procedure that a Court can appoint a new arbitrator. The ruling of Halimbhai Karimbhai v. Shanker Sai, [1885] I.L.R., 10 Bom., 381., is in point and against the appellant. It is only under section 510 of the Code of Civil Procedure that a Court can appoint a new arbitrator. The ruling of Halimbhai Karimbhai v. Shanker Sai, [1885] I.L.R., 10 Bom., 381., is in point and against the appellant. We sustain the preliminary objection and dismiss the appeal with costs, which will in this Court include fees on the higher scale.