PURSHOTUMDAS RAMGOPAL Vs. RAMGOPAL HIRALAL

JUDGEMENT

(1.) The question arises in this case at the outset whether any appeal will lie.

(2.) The appeal is preferred against an opinion expressed by the learned Chamber Judge upon a special case stated to him, purporting to be stated in the matter of an arbitration between the plaintiff and the defendants in suit No. 781 of 1908, pursuant to a Consent Judge's Order of the 16 July 1909 and in the matter of the Indian Arbitration Act, 1899, and an arbitration between Purshotumdas Ramgopal, and Ramgopal Hiralal, Badrinarayan Ramgopal and Keshavdeo Ramgopal, pursuant to an agreement between them dated the 9 July 1909. The parties to this last-named agreement are the parties to Suit No. 781.

(3.) The special case states that the suit was instituted for partition of the properties other than the immoveable properties situate outside the jurisdiction of the Court belonging to the joint family consisting of the plaintiff and the defendants. On the 9 of July 1909 two agreements were entered into between the parties,