MAGANLAL GOPALDAS Vs. LALCHAND HIRACHAND

JUDGEMENT

(1.) The litigants are descendants of a common ancestor Kuvarji Bhaiehand, who died in Samvat 1943. Disputes as to the family property resulted in a reference to arbitration without the intervention of the Court and an award in accordance with which a decree was passed. The purpose of this suit is to obtain a declaration that the decree was invalid.

(2.) The lower Court has dismissed the suit on the ground that if is opposed to the provisions of Section 42 of the Specific Relief Act and the plaintiff has appealed. The defendants have sought to support the decree on the ground that no good cause of action is shown and secondly that having regard to the proceedings in the arbitration matter the plaintiff is precluded from advancing the contentions on which he rests.

(3.) The plaintiff was a minor at the date of the reference and his mother who was his natural guardian purported to act on his behalf.