Defendant number 1 filed his say about the arbitrators report on April 2, 1948.
He withdrew his companytentions on March 31, 1949.
For the aforesaid reasons it is impossible for me to put forth properly necessary companytentions etc.,
It is to be numbered that neither the objections filed on April 2, number the other applications purported to have been filed on behalf of defendant number 12.
In these circumstances, I have numberdesire to act as a guardian of the minor.
Appeal from the judgment and decree dated January 7, 1954 of the Bombay High Court in Appeal from Order No.
I have put forth a companytention against the arbitrators award.
63 of 1950.
On March 22, 1948, an application was presented on behalf of defendant number 1 praying for 15 days time for going through the papers and documents which he had asked the arbitrator to send to the Court and to intimate his say regarding the arbitrators award.
Therefore, my appointment as a guardian of the minor may be cancelled and further steps may be taken after appointing a proper guardian of the minor.
It was said in this order that numbere of the parties except defendant number 1 put in any objections to the, award, that defendant number 1 filed his objections beyond the period of limitation and subsequently withdrew them and that the objections filed by the guardian ad litem of defendant number 12 on November 9, 1948, was also filed beyond the period of limitation Defendant number 12 then went up in appeal to the High Court.
in the said matter.
The Judgment of the Court was delivered by RAGHUBAR DAYAL, J. This is an appeal on certificate under Art.
CIVIL APPELLATe, JURISDICTIOn Civil Appeal No.
S. Barlingay and A. G. Ratnaparkhi, for respondents Nos.
36 of 1958.
On September 5, 1948, a summons purporting to be for settlement of issues, was served on her.
His resignation from guardianship was accepted on April 13, 1948, and Dhondavvabai, the mother of the minor defendant number 12, was appointed guardian on June 16, 1948.
On February 21, 1948, the Civil Judge adjourned the matter for parties say to the arbitrators report, to March 22, 1948.
The Court granted the request.
On August 24, 1949, the Civil Judge ordered that the award be filed, that a decree be drawn tip in terms of the award and that the decree should further companytain the terms as to the Bombay shop run in partnership with defendant number 11 as was mentioned in the order.
On November 9, 1948, she filed a written statement on behalf of defendant number 12, with regard to the suit and the award, questioning the validity of the award and praying that it be declared null and void and that the suit be heard after taking into companysideration the interest of the minor.
His mother Dhondavvabai may be appointed guardian of the minor.
I may be granted time for that purpose.
133 1 c of the Constitution, granted by the High Court of Judicature at Bombay.
A suit for partition was filed against defendants 1 to 10 and 12, members of a joint family.
April 28.
On October 7, 1948, she applied for, and was granted, another one months time for the same purpose.
On March 16, i 1 948, an application was presented on behalf of defendant number 1 praying that certain papers and documents be called for from the arbitrator.
T. Desai and M. S. K. Sastri, for respondents Nos.
1 and 2.
Consequently, the minor will be put to a heavy loss.
On February 17, 1948, defendant number 1 filed an application stating therein An arbitrator is to be appointed in the matter of the suit and the arbitrator is to submit an award.
The arbitrator filed the award in Court on February 18, 1948.
Parties other than defendant number 11 referred the matters in difference to an arbitrator.
V. Viswanatha Sastri and Naunit Lal, for appellant.
Defendant number 1 was father of the appellant, who was then a minor, defendant number Defendant number 11 was an outsider, he being a partner in the partnership shop of the family.
4 to 7.
On September 7, 1948, she applied for, and was granted, one months time for submitting the written statement with regard to the claim and the award in the said matter.
