SARAT CHUNDER SINGH Vs. NITYE SUNDER SINGH

JUDGEMENT

(1.) Under these circumstances an application was made to me with a view to having such proceedings directed as might be necessary for the purpose of terminating the suit, and upon the hearing of that application I came to the conclusion that the only course open to the parties in the event of their not agreeing to the appointment of another arbitrator to determine all matters left undetermined was to proceed with the suit according to the ordinary course of the Court, and I accordingly directed that the suit should proceed and that any of the defendants, if so advised, should be at liberty to tile written statements. Written statements have been filed by two of the parties, viz., the Administrator General of Bengal who now represents the deceased Indra Chunder Singh and on the part also of Srish Chunder Singh.

(2.) Upon the case coming on for hearing a question was raised as to what matters remained to be determined in the action. There was some suggestion that evidence might be necessary, but I do not understand that the parties want this, and this question was discussed at considerable length.

(3.) The question, therefore, for my determination is what matters remain to be determined in this action for the purpose of having this suit wound up. So far as regards the matters in difference which have been determined by the arbitrators they have been embodied in decretal orders and cannot be disturbed. It is admitted that portions of the joint property of the parties have not yet been partitioned. As to this there must be a reference to the Registrar to enquire and report what property, moveable and immoveable, remains joint and unpartitioned and a division and partition of this property must be directed so far as the same is partible. There is no dispute as to this.