Wanchoo, C.J.—This is a revision by Pyarchand and others and has arisen in the following circumstances :

2. Dungarsingh, opposite party, filed a suit against Pyarchand and others in October 1944 praying that a certain arbitration award dated 20th of April, 1944, may be ordered to be filed and a decree passed in accordance with it. The parties are descended from a common ancestor, Dungarsingh belonging to one branch and the applicants Pyarchand and others belonging to another. There were disputes between the parties about partition of their ancestral property and litigation was going on. In one such litigation, there was a revision to the High Court of the former State of Mewar. In the course of the proceedings in the High Court, parties appointed one Tejsingh Kothari as arbitrator to arbitrate all disputes between them which were on that date pending in courts. It was also provided that those disputes between the parties which were not then pending in courts would also be decided by this arbitrator. The arbitrator gave an award on the 20th of April 1944 and filed it in the High Court at Udaipur on the same day. Thereafter Dungarsingh applied to the High Court at Udaipur for passing

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