JUDGMENT

S. C. AGRAWAL, J.:- Special leave granted.

2. Heard learned Counsel for the parties.

3. This appeal is directed against the order dated December 21, 1990 passed by the High Court of Calcutta whereby the application filed by respondents Nos. 1 and 2 under Sections 5, 11 and 12 of the Arbitration Act, 1940 for revoking the authority of the arbitrator and alternatively for his removal was allowed and Mr. Justice Anil Kumar Sen, retired Chief Justice of the said High Court who had been appointed as the sole arbitrator under order of the High Court dated February 20, 1987 was relieved of his charge and Mr. Justice Shambu Chandra Ghosh, retired Chief Justice of the said High Court was appointed as the sole arbitrator in place and stead of the learned out-going arbitrator.

4. The parties to this appeal are descendants of a common ancestor. Certain disputes arose amongst them which gave rise to two suits; Title Partition and Administration Suit No. 37 of 1975 filed by Gouri Shankar Lohia, Durga Dutt Lohia and others in the court of Assistant District Judge, Dibrugarh and Title Suit No. 185 of 1975 filed by Rabindra Kumar Lohia, appellant No. 2 herein, against Durga Dutt Lohia in the 3