RATANLAL CHAMARIA Vs. KESHAR DEO CHAMARIA

JUDGEMENT

(1.) This is a consolidated appeal, by special leave, from a judgment and two orders of the High Court of Judicature at Fort William in Bengal in its civil appellate jurisdiction, dated 17 May 1945, which affirmed two judgments and two orders of the said High Court in its original civil jurisdiction dated, as to one judgment and order, 3l May, 1944, and as to the other judgment and order, 2 June, 1944. The judgments and orders appealed from set aside, under S. 30, Arbitration Act, 1940, two arbitration awards made in two High Court suits between the parties, superseded the references to arbitration and directed that the suits should proceed in the normal manner.

(2.) These suits were no. 183 of 1923 and No. 1869 of 1937. They will be referred to in greater detail later.

(3.) The present dispute relates only to some of the numerous differences which have arisen between various members of the Chamaria family and which have already produced a long and complex story of litigation. For the purposes of this judgment, this need not now be traced fully, but it is necessary for an understanding of the comparatively simple issues which ultimately emerge for determination in this appeal to refer at some length to the facts and circumstances leading up to the two suits just mentioned and to the arbitration proceedings therein.