S.C.Misra, J.

1. These two appeals have been heard together. They arise out of a partition suit filed by the plaintiff-respondent for carving out of her share in the joint family properties. The appeal is by the defendants including Nos. 6 and 7 Ram Chandra Prasad and Bindeshwari Prasad. Miscellaneous Appeal No. 53 of 1960 is directed against the award filed by the arbitrators in the suit in which reference was made by the learned Subordinate Judge and the first Appeal No. 56 of 1960 is directed against a decree on the basis of the award. It is" not necessary to set out the facts of these appeals in detail because the appeals can be disposed of on one simple ground, which alone has been pressed before us by learned counsel for the appellants.

2. It has been contended that the reference to the arbitrators was made by the Court at the instance of the plaintiff and the defendants other than appellants 6 and 7 who were under the guardianship of Kadamlal Mandal appellant No. 4 their father. It is true that Kadamlal Mandal made the application for reference of the dispute between the parties to arbitration joining with other defendants and signed the petition for himself as also