( 1 ) IN this important case there is some useful discussion on the law of arbitration. I have to plough through several authorities. Doctrines are laid down which would not be likely to introduce some further uncertainty into this branch of law. I did not enter at length into the technical arguments that were addressed to us, as any observation made on the same, might open the way to easy defeat of the provisions of the Arbitration Act, 1940 (hereinafter referred to as the Act ). The time has long pone by since this Court showed any disposition to sit as a Court of Appeal on awards in respect of matters of fact.

( 2 ) THE case has a chameleon-like history. It has greatly protracted the hearing and added to the costs. In this unfortunate litigation the disputants are own brothers. The defendant No. 1 appellant is a legal practitioner in the Howrah Court The plaintiff respondent No. 1 is a medical man.

( 3 ) THIS appeal is presented from a judgment and decree passed in part, in a suit for partition in the preliminary form. The plaintiff's 1/3rd share was declared. There was a direction by the Trial Court that the mother of the fighting brothers (Sm. Dakshabala, Defendant