Judgment

S. C. AGRAWAL, J.: - The question for consideration in this appeal is whether the award made by the arbitrator dividing the movable as well as immovable properties of joint family amongst the six branches of the family is liable to be set aside. The award was accepted by the Civil Court (Vth Additional District and Sessions Judge, Lucknow) and a direction was given for making it the rule of the Court and for drawing a decree in terms of the award. The High Court, in appeal, has set aside the award on the view that the award suffers from mistakes apparent on its face and that Arbitrator had committed judicial misconduct in recording the proceedings before him.

2. Late Shri Bisheshwar Nath Srivastava, ex-Chief Judge of the Oudh Chief Court, who died on July 18, 1938, had six sons, namely, Bhagwati Nath, Bhupendra Nath, Bishwa Nath, Brij Nath, Bijendra Nath and Birendra Nath. Smt. B. N. Srivastava died on September 22, 1957. Bhagwati Nath died on February 8, 1942 and Bishwa Nath died on October 27, 1946. After the death of Shri Bisheshwar Nath Srivastava, his eldest son, Bhagwati Nath was looking after the joint family properties as the Karta of the joint Hindu family and after