ORDER :

1. Leave granted.

2. The present appeal is a very unfortunate proceeding which has not taken off the ground. Thanks to litigation which has twice come up to this Court.

3. A Partition Suit of 1978 has only reached the stage of issues thus far. A written statement to the aforesaid Suit had been filed by Respondent No.1 and his mother on 16.08.1979 in which certain admissions as to Mahabir Prosad Kajaria being separated from his father and carrying on his own independent business were made. In addition, the said written statement also referred to and relied upon an Award of 1956 which was stated to be binding on all the representatives of the father, Motilal Kajaria, and that the said Award was registered and fully implemented.

4. In an attempt to resile from the aforesaid statements made in the original written statement, an application for amendment was moved sometime in the year 2004. This application was dismissed by the learned Single Judge. However, by a judgment dated 09.09.2010, the Division Bench of the High Court allowed the aforesaid amendment application. By this Court's judgment dated 18.09.2015 [Ram Niranjan Kajaria vs. Sheo Prakash Kajaria and Ors., reported in (2