LAKSHMAN BABURAO SONAR Vs. RAMCHANDRA RAJARAM SONAR

JUDGEMENT

(1.) It is necessary to state a few facts for the purposes of this appeal. A suit for partition was filed by Ramchandra in April 1916. On July 29, 1918, this matter was referred to arbitration through the Court. Apparently the arbitrators could not agree, and we have on the record a report of one of the arbitrators dated June 4, 1919. Then the matter was referred to an umpire. He made his first award apparently on November 29, 1920, but the Court remitted the matter for reconsideration to him on the same day. On October 7, 1921, he prepared an award with the statement of a special case for the opinion of the Court. In that statement of the case the following three questions were stated by the umpire:-- 1. Does plaintiff prove that the ornaments mentioned in the plaint are in the possession of the defendants and whether the same are joint?

(2.) Does defendant prove Rajaram was handed over ornaments worth Rs. 40,011 in 1895?

(3.) Does defendant prove that ornaments worth RS. 10,500 or of any less sum is with the plaintiff still to which the defendant is entitled? 2. The learned Judge considered that it was doubtful whether the award was in proper form of a special case within the meaning of paragraph 11 of the second schedule of the Civil Procedure Code. He thought that the umpire should have expressed it in more precise and clearer language. The result was that the award was remitted to the umpire in order that he may either himself determine the point left undecided or he may state his award on that point in the form of a special case for the opinion of the Court under rule 11 of the second schedule. If he still thought that the question of ornaments should not be decided by him but should be stated as an award in the form of a special case, leave was granted to him to do so. This order was made by the Court on November 7, 1921, Ultimately the umpire stated the special case for the opinion of the Court on November 16, 1921. That, statement is to be found at pages 36 and 37 of the paper book. It is enough to state that the questions for the opinion of the Court remained practically as they were stated before. 3. The learned Judge after hearing the parties decided the questions which were stated for his opinion on November 30, 1921. The reasons for this opinion are stated at length in the judgment which he delivered on that day, and he at once proceeded to pass a decree in terms of the award as completed by his opinion.