RAMJI RAM Vs. SALIG RAM

JUDGEMENT

(1.) This is an appeal from the order of the District Judge of Patna appointing Receivers in a suit for partition and accounts. It appears that there were two uterine brothers named.

(2.) And the above table shows the relationship of the plaintiffs and defendants. After the death of Babu Baldeo Ram, a dispute arose between the two branches of the family as to whether they were joint or separate. By an agreement, dated the 27 September, 1907, his dispute was referred to arbitrators, Babu Gobind Chandra Mitter and Babu Gangadhar Das, Vakils of the Patna Court, with a provision for consulting an umpire and abiding by the opinion of the arbitrators with whom the umpire should agree. For the purposes of this case Mr. Sinha, then Standing Counsel, was eventually referred to as umpire as regards some minor points of difference between the arbitrators and he upheld the findings of Babu Gobind Chandra Mitter on all points.

(3.) In the meantime Babu Rajaram died and his son Babu Ramjiram chose to impugn the position of the Hon ble Mr. J. Sinha as umpire. But Babu Gangadhar Das appears to have held that there was no complete award while Babu Gobinda Chandra Mitter held that there was.