SUKESH CHANDRA MALLIK Vs. AMIYALAL MALLICK

JUDGEMENT

(1.) THIS appeal is preferred by Sukesh chandra Mallik, defendant No. 3, in a partition suit being title suit No. 58 of 1941 in the first court of Subordinate Judge, Alipore against an order rejecting his petition for superseding arbitration and also a petition for setting aside the Arbitrator's Award.

(2.) THE suit culminating in the present appeal offers an unpleasant picture of what seems to be an unending feud between the brothers over division of father's properties, although attempt was made to shorten the life of this litigation through arbitration. The father Pramatha Nath Mallik a hindu governed by Dayabagh School of Hindu Law died on September 21, 1934 leaving behind him his six sons and substantial landed properties some at Calcutta, one at Shillong and [majority of these at Chinsurah in the [district of Hooghly. He had also a business under the name of Mullick and co. as agent of Bharat Electric Bulb work Ltd. and also heavy amount of government Promissory Notes, furniture, jewelleries , one motor car and other valuables.

(3.) THEREAFTER, the present appellant sukesh Mallik turned up and made an application under order 9 rule 13 and section 151 of the Code of Civil Procedure for setting aside the ex parte decree on the ground amongst various other objections that notice of filing the award was not served on him. This application was allowed by an order made on March 25, 1950 and the ex parte decree was set aside. Then on september 11, 1950 Sukesh filed objections to the Award with a prayer either to set aside or remit the Award for reconsideration. Upon these objections the court did not set aside the Award but remitted certain matters under the award to the arbitrator for reconsideration and rectification with direction to file a "fresh Award" within November 9, 1953.