NILKANTHA SIDRAMAPPA NINGASHETTI Vs. KASHINATH SOMANNA NINGASHETTI

JUDGEMENT

(1.) THIS is an appeal on certificate under Art. 133(1)(c) of the Constitution, granted by the High Court of Judicature at Bombay.

(2.) A suit for partition was filed against, defendants 1 to 10 and 12, members of a joint family. Defendant No. 1 was father of the appellant, who was then a minor, defendant No. 12. Defendant No. 11 was an outsider, he being a partner in the partnership shop of the family. Parties other than defendant No. 11 referred the matters in difference to an arbitrator. The arbitrator filed the award in Court on 18/02/1948. On Fe 21/02/1948, the Civil Judge adjourned the matter 'for parties' say to the arbitrator's report', to 22/03/1948. On Ma 16/03/1948, an application was presented on behalf of defendant No. 1 praying that certain papers and documents be called for from the arbitrator. On 22/03/1948, an application was presented on behalf of defendant No. 1 pray-in for is days' time for going through the papers and documents which he had asked the arbitrator to send to the Court and to intimate his say regarding the arbitrator's award. The Court granted the request. Defendant No. 1 filed his say about the arbitrator's report on 2/04/1948. He withdrew his contentions on 11/03/1949. It is to be noted that neither the objections filed on April 2, nor the other applications, purported to have been filed on behalf of defendant No. 12.

(3.) ON 24/08/1949, the Civil Judge ordered that the award be filed, that a decree be drawn up in terms of the award and that the decree should further contain the terms as to the Bombay shop run in partnership with defendant No. 11 as was mentioned in the order. It was said in this order that none of the parties except defendant No. 1 put in any objections to the award, that defendant No. 1 filed his objections beyond the period of limitation and subsequently withdrew them and that the objections - filed by the guardian-ad-litem of defendant No. 1 2/11/1948, was also filed beyond the period of limitation.