In this suit, a reference was made to arbitration.
The reference to arbitration is singed by Boor Singhs branch companysisting of his four sons, Karam Singh, Harnam Singh, Balbir Singh and Amrik Singh.
The first appeal from the judgment and decree of the trial companyrt was dismissed.
The High Court dismissed the second appeal.
A decree in terms of this award was passed by the Magistrate First Class, Tehsil Phagwara, Kapurthala State, on 19 Paus 1987, that is to say, some time in the year 1930.
It is submitted by the appellants that Harbans Singh was given in adoption to his maternal uncle and was, therefore, number interested in any property companying to the share of his natural father Gurdit Singh.
The trial companyrt, however, decreed the suit.
The order then proceeds to make the award a Rule of the Court.
It was companytended before the trial companyrt by the defendants that the claim in this suit was barred by res judicata in view of the decree passed in the partition suit filed in 1926.
Gurdit Singh had also left behind another son Harbans Singh.
In respect of the previous suit, what is produced before us is a companyy of the last order sheet of the Court or Lala Shiv Ram Das Saheb, Magistrate, First Class, Tehsil Phagwara, Kapurthala State.
The reference to arbitration is also signed by Boor Singhs brother Kapoor Singh, Dalip Singh s o Boor Singhs brother Rattan Singh and Balwant Singh s o Boor Singhs brother Gurdit Singh, Gurdit Singh also presumably having passed away.
2 in the present suit, has challenged the award or the decree.
The Arbitrator proceeded with the reference and gave his award which was filed in companyrt.
Amrik Singh being a minor, Harnam Singh has signed as the guardian of Amrik Singh.
Hence, the decree passed in the earlier suit cannot be disowned by the respondents original plaintiffs on the ground that Harbans Singh was number a party to the arbitration proceedings.
It numberes that the arbitrator pronounced his award in the presence of the parties and it should have been got declared as a Rule of the Court.
Hence the present appeal has been filed before us by the branch of Balwant Singh s o Gurdit Singh against the branches of the other three brothers.
Inspite of service the plaintiff has number appeared.
It further states The parties may be informed in writing accordingly as required by law and the file may be companysigned to the record room.
Harbans Singh was number a party to the reference.
Neither Harbans Singh number his son Shivjit Singh, who is defendant No.
It is next companytended by the original plaintiffs who are respondents here that the decree passed in the suit of 1926 is a nullity and can be ignored because numbernotice of the filing of the award in companyrt was served upon the parties.
The decree was passed as far back as in 1930.
His brothers Gurdit Singh, Kapoor Singh and Dalip Singh s o of his deceased brother Rattan Singh were all parties to this suit.
Boor Singh presumably was number alive by this time.
On 24th of October, 1967 the present suit for partition of Dewan Singhs property, being a house known as Haveli Dewan Singh Wali at Phagwara was filed by Harnam Singh and Amrik Singh, sons of Boor Singh along with the widow and daughter of Balbir Singh another son of Boor Singh against Karam Singh another son of Boor Singh and the sons of Gurdit Singh, Kapoor Singh and Rattan Singh.
Harbans Singh, however, did number companytest the suit and claimed numbershare in the properly in question.
This companytention was raised for the first time in second appeal before the High Court.Mrs. Sujata V. Manohar, J. The property of one Dewan Singh, a companymon ancestor of the appellants and the respondents, is the subject matter of dispute in this appeal.
A genealogy table showing the relationship between the appellants and the respondents is given below Dewan Singh Rattan Singh Kapoor Singh Boor Singh Gurdit Singh Dalip Singh Lakhbir Singh Defendant No.5 Harbans Singh Balwant Singh Defendant No.1 Shivjit Singh Jasjit Singh Defendant No.2 Defendant No.3 Karam Singh Harnam Singh Balbir Singh Amrik Singh Defendant Plaintiff Plaintiff NO.4 Sarasti Devi Janak widow daughter Plaintiff Plaintiff Dewan Singh left behind four sons, Rattan Singh, Kapoor Singh, Boor Singh and Gurdit Singh.
In 1926, one of the sons of Dewan singh, namely, Boor Singh filed a suit for partition in respect of the houses and mansion left by Dewan Singh including a house known as Haveli Dewan Singh Wali at Phagwara, in the Court of the Magistrate First Class, Tehsil Phagwara, Kapurthala State.
