Judgement

Appeal (No. 121 of 1924) from an order of the High Court in its appellate jurisdiction (July 19, 1923), affirming an order of the Court in its original jurisdiction.

The order appealed from set aside an award of arbitrators dated May 27, 1922, in so far as it purported to deal with matters which were the subject of a suit in which an order of reference to the arbitrators had been made by the High Court.

74 Law Rep. 53 Ind. App. 1 ( 1925- 1926) Ram Protap Chamria V. Durga Prosad Chamria

175

The facts are fully stated in the judgment of the High Court, and appear shortly from the headnote.

1925. July 13. De Gruyther K.C. and Wallach for the appellant.

Dunne K.C. and Narasimham for respondent No. 1.

Upjohn K.C., Sir G. Lowndes K.C. and Narasimham for respondents Nos. 4 and 5.

[Reference was made to the Code of Civil Procedure, 1908, Sch. II., ss. 1, 10, 12, 14, 15 ; the Indian Arbitration Act, 1899, ss. 4, 11, 14, 15; and to Darlington Wagon Co. v. Harding. ([ 1891] 1 Q. B. 245.)]

Oct. 20. The judgment of their Lordships was delivered by

LORD BLANESBURGH. This appeal is from an order of the High Court of Judicature at Port William in Bengal, exercising appellate jurisdiction