(1.) IN this Miscellaneous First appeal under Section 39 of the Arbitration Act, 1940 the plaintiffs assail the validity of the judgment dismissing their suit filed for setting aside an arbitration award.
(2.) IN view of the main short submission made by Mr. Keshari. Singh, learned counsel for the appellants, namely, that the trial Court in paragraph 19 of its judgment has erred in refusing to set aside the award on the ground that an unprobated will can be acted upon, it is not necessary to state facts in detail which have already stated in the impugned judgment.
(3.) THE trial Court framed the following nine issues after re-cast :-