1. This appeal is directed by the plaintiffs of a partition suit against an order dated 6th February 1962, of the 1st Additional Subordinate Judge of Muza-ffarpur rejecting the objection to an award and refusing to set aside the same, under Sec.30 of the Indian Arbitration Act, 1940 . The concluding portion of the impugned order reads as follows :-

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"Let a final decree be drawn up in terms of the award with the modification suggested above, that is to say, 2 bighas 15 dhurs which has been allotted to Laljhari Kuer (Ramjhari Kuer) by the arbitrators will be allotted to the Takhta of the plaintiffs. With this modification the award is confirmed. The award, map and barawarda with the aforesaid modification shall form part of the final decree. In view of the fact that I have modified a portion of the award there will be no order as to costs. The suit is disposed of accordingly."

2. The appellants and the respondents belonged to a joint Mitakshara family and the plaintiffs appellants instituted a suit for partition on the ground that defendant No. 1, Gokhul Prasad Sah (who died on 19th September, 1953 and in whose place his widow was substituted) refused the request of the plai