Judgement

Appeal by special leave from a judgment of the officiating Chief Commissioner of Ajmer-Merwara (May 23, 1912).

The judgment appealed from set aside an award in proceedings in which the matters in difference in a suit had been referred to arbitration by the trial judge, under the Code of Civil Procedure, 1908, Sched. II., s. 1. The ground of the decision was that the application for the order of reference was not signed by the guardian ad litem of one of the parties who was a minor. It appeared that all the parties, including the minor by his guardian ad litem, had signed an agreement to refer which was produced to the judge upon the hearing of the application, and that all the parties, including the guardian, had been present in Court upon the application. The facts in connection with the proceedings are fully stated in the judgment of their Lordships.

1915. Oct. 19. Dube, for the appellants. Sect. 1 of Sched. II. of the Code of Civil Procedure, 1908, does not require that the parties should sign an application under that section. It is only necessary that all the parties should agree. All the requirements of the section were satisfied in the present case. The

05 Law. Rep