V S A ARUMUGA MUDALIAR Vs. VSPBALASUBRAMANIA MUDALIAR

JUDGEMENT

(1.) These two appeals arise out of an order passed by the Additional Subordinate Judge of Coimbatore on the 23 November, 1942. No. 269 of 1943 is an appeal against the order itself. No. 213 of 1943 it against the deceree which followed the order and has been filed by the appellant ex abundanti cautela. For reasons which we shall state both the appeals must be dismissed.

(2.) The appellant is the seventh defendant in a suit for partition of joint family property. The plaintiff is the first respondent. There are altogether fifteen defendants, but only defendants 1 to 8 are really concerned with the suit. The plaint was filed on the 22nd Novemb3r, 1940. In 1942 a settlement was contemplated and in order that it might be brought about, the Court granted several adjournments. On the 31 August, 1942, it was reported that the seventh defendant had consented to settle matters" and at his request the case was adjourned until the 7 September, 1942. After the two further adjournments, it was reported to the Court that Sir R.K. Shanmugham Chettiar was "settling the matter". On the 5 September, 1942, the plaintiff and defendants 1 to 8 had in writing agreed to refer the matters in dispute to the arbitration of Sir R.K. Shanmugham chettiar. the agreement contained thease statements: In this suit we consented before the Sub-Judge to abide by the decision or award to be passed by you. Therefore we all of us agreed to abide by the decision or award to be passed by you in this matter and we bind ourselves to file the award in the suit in Court and to obtain a decree in terms thereof. The document was in Tamil. The translation given here is that made by the Sub- ordinate Judge. The translation to be found in the printed documents is not accurate.

(3.) In accordance with the agreement, the arbitrator embarked upon the inquiry and on the 7 November, 1942, after hearing the parties, he gave his decision, whereupon the plaintiff and the third defendant applied to the Court to pass a decree in terms of the award. The second and seventh defendants objected. They did not contend that the arbitrator had acted in any way improperly or that the award was invalid. They objected to certain of the directions given and wanted them to be changed. The Subordinate Judge held that the parties ware bound by their agreement and passed a decree in terms of the award. The second defendant was apparently satisfied with this decision as he has not appeared to support the appeal filed by the seventh defendant