LAKHMI RAM JAIN Vs. HARI KUNWAR

JUDGEMENT

(1.) These two appeals arise out of an application under paragraph 20 of the second schedule to the Code of Civil Procedure. They are heard together and this Judgment will cover both appeals. The parties to this proceeding are a son of Gulab Ram lani, eight grandsons of the same and the widow of a deceased son, Santosh Ram Jani. Disputes arose in the family and the members agreed to partition the property by means of arbitration. At the time of the first submission to arbitration in October, 1911, Adit Ram Jani, one of the sons of Gulab Ram Jani, was alive. An agreement was drawn up on the 11th of October, 1911, and signed by all. It set forth what the parties desired the arbitrators to do and the powers given. Three persons were appointed.

(2.) Before the latter were able to do anything, Adit Ram Jani and one of the arbitrators died. Therefore a fresh agreement was executed submitting the matter to the decision of the two remaining arbitrators. Then one of these refused to act and so a third agreement was drawn up on the 25th of September, 1912, and signed by all, submitting the matters to the decision of the third remaining arbitrator, Pandit Lakshmi Kant. This agreement contained a reference to the first agreement of October, 1911, and set forth that the arbitrator was to act under the conditions set forth in the latter.

(3.) An award was made on the 21st of April, 1913. The respondents, Lakhmi Ram Jani and his son Ganesh Ram Jani, then filed an application under paragraph 20 of the second schedule to the Code of Civil Procedure, that the award be filed and that a Judgment and decree be passed in terms thereof.