Judgment

RAGHUBAR DAYAL, J. : This is an appeal on certificate under Art. 133(1)(c) of the Constitution, granted by the High Court of Judicature at Bombay.

2. A suit for partition was filed against, defendants 1 to 10 and 12, members of a joint family. Defendant No. 1 was father of the appellant, who was then a minor, defendant No. 12. Defendant No. 11 was an outsider, he being a partner in the partnership shop of the family. Parties other than defendant No. 11 referred the matters in difference to an arbitrator. The arbitrator filed the award in Court on February 18, 1948. On February 21, 1948, the Civil Judge adjourned the matter for parties say to the arbitrator s report , to March 22, 1948. On March 16, 1948, an application was presented on behalf of defendant No. 1 praying that certain papers and documents be called for from the arbitrator. On March 22, 1948, an application was presented on behalf of defendant No. 1 pray-in for is 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 arbitrator s award. The Court granted the request. Defendant No. 1 filed his say about the arbitrator s