Das, J. - (1.) THIS is an appeal by Ram Taran Das and is directed against an order of Mr. B.P. Bakshi, learned Subordinate Judge, 1st Court, Hooghly, dated 5/10/1950.
(2.) THE appeal arises out of certain proceedings in arbitration which arose out of a dispute between the descendants of one Ram Jiban Das. THE relationship of the parties is set forth in the following genealogical table. In consequence of disputes between the descendants of Ran Jiban Das there was an agreement to refer such disputes to the arbitration of five persons as arbitrators. The agreement is dated 25/7/1945. The arbitrators chosen by the parties were Rama Prosad Choudhury, Rai Saheb Haradhone Chandra, Khitindra Nath Rai Choudhury, Jitendra Nath Palit and Kanti Charan Pal. The arbitrators met together on several occasions and ultimately an award was made on 12/10/1948. The award was signed by four out of the five arbitrators; Kanti Charan Pal did not sign the award. On 18/10/1948, an application was made by Ram Taran Das under the provisions of Section 14, Arbitration Act, 1940, for calling upon the arbitrators to file the award. In pursuance of a direction by the Court one of the arbitrators Jitendra Nath Palit filed the award on 28/3/1949. On 7/4/1949, objections to the filing of the award were made by Gostha, opposite party No. 6 and Adhir, opposite party No. 7. Thereafter on 15/4/1950, the Court directed a notice of the filing of the award to be served on opposite parties Nos. 1 to 5. No notice of the filing of the award was directed to be served on opposite parties Nos. 6 and 7 or on the petitioner Ram Taran Das. After a contested hearing, the learned Subordinate Judge by his order dated 5/10/1950, rejected the application filed by Ram Taran Das and refused to pass a decree in terms of the award. Being aggrieved by this order Ram Taran Das has appealed to this Court.
(3.) MR. Mitter, learned Advocate appearing in support of the appeal, has pressed several grounds challenging the finding of the learned Subordinate Judge on the various points referred to in his judgment.;