Judgment

KAPUR, J. : This is an appeal against the judgment and order of the Nagpur High Court and arises out of proceedings under the Indian Arbitration Act.

2. The appellant in this case is Champalal and the respondent is Samarath Bai, the widow of Lal Chand. The parties who are Jains belong to Balapur in the district of Akola in the previous State of Madhya Pradesh. The relationship of the parties is shown by the following pedigree table:

On September 14, 1944, Lal Chand made a will by which he authorised his wife Samarath Bai to adopt Champalal and made certain disposition of his property. Lal Chand died on September 26, 1944. On October20, 1944, the appellant made an application under S. 192 of the Succession Act to the First Additional District Judge of Akola for the appointment of a Curator. This was Misc. Judl. No. 3 of 1944. Notices were issued to the respondent, Samarath Bai and her daughters. The will was registered on December 29, 1944. On January 10, 1945, an arbitration agreement was entered into between the appellant and the respondent and on January 16, 1945, both parties applied for stay of proceedings in the case (Misc. Judl. No. 3 of 1944) and the case was adjourned