RAM PROTAP CHAMPIA Vs. DURGA PROSAD CHAMPIA

JUDGEMENT

(1.) THIS appeal is from an order of the High Court of Judicature a Fort William in Bengal, exercising appellate jurisdiction and in effect affirming an order made by Mr. Justice Greaves, sitting in the exercise of the ordinary original jurisdiction of the Court. Both were orders propounded in a suit for the dissolution of a partnership, and their result was to set aside an award of arbitrators so far as that award affected to deal with matters in question in the suit. The appellant upholds the award and asks that the orders setting it aside be discharged.

(2.) THE circumstances are somewhat involved and, in detail, elaborate. It will be possible, however, as their Lordships hope, to state the facts in a summary form without endangering such accuracy as is requisite for the purposes of their judgment.

(3.) AMLOKCHAND left no issue but he was survived by his wife, the respondent, Musammat Surji, and on her expressing a desire to adopt as a son to her deceased husband Hardatroy's youngest son Motilal, Hardatroy, so it was alleged by the appellant, agreed with the appellant's consent, to admit Motilal to the firm setting aside for his benefit a two annas' share out of his own share of eleven annas. This arrangement, however, if it became effective at all, was almost immediately superseded by an agreement in writing dated November 16,1916, to which Hardatroy, his three sons, the appellant and Musammat Surji were privy or parties and under which in effect Hardatroy retired from the firm and it was agreed that the business should, as from January 1, 1917, belong in stated shares to the appellant, to the son to be taken in adoption by Musammat Surji, and to the three sons of Hardatroy, viz, Durga Prasad, Radhakissen and Motilal-with a variation in interest as between these three, if Motilal proved to be the son to be taken in adoption to Amolakehand as contemplated.