A.N.Sen, J. - (1.) THIS is an application for the appointment of a Receiver and for injunction. THIS application has been made under the Arbitration Act in the matter of an arbitration agreement between the parties.
(2.) THE parties to the dispute are brothers, some are own brothers and some are step brothers. THE disputes between the brothers are with regard to joint family or joint properties or businesses or properties and businesses in which all the brothers claim to be equally interested. One Dhirendra Nath Singha who was the father of the petitioner and also of all the respondents was a Hindu governed by the Dayabhaga School of Hindu Law and he had various properties and businesses. The said Dhirendra Nath Singha had three wives. His first wife Sushila Bala died without any issue. Dwijendra, Dwipendra, Dikendra and Digendra the respondents Nos. 1 to 4 herein are the sons of the said Dhirendra Naht Singha by his second wife Smt. Rose Bala who is dead. Debendra the petitioner, Dishendra and Dinendra the respondents Nos. 5 and 6 are the sons of the said Dhirenda Nath Singha by his third wife Smt. Nirmala Bala who is alive. Dhirendra Nath Singh died in 1941 leaving a Will. Dwijen the eldest son was appointed the executor under the said Will provided that so long as Dinen the youngest son of Dhirendra Nath Singha did not complete the age of 25 years, the estate would remain under the control and management of Dwijen as executor. By the said Will Dhirendra Nath Singha had given all his properties to his seven sons in equal share? At the time of the death of Dhirendra Nath Singha, the eldest son Dwijen who was appointed the executor was about 23 years old, the second son Dwipendra was about 15 years old, the third son Dikendra was about 13 years old, the fourth son Digendra was about 12 years old, the fifth son Debendra was about 7 years old, the sixth son Dishendra was about 6 years old and the youngest son Dinendra was of only 3 years of age. The youngest son Dinendra has attained the age of 25 years. There is no dispute to the fact and it is common case that the properties have now vested in the seven brothers in equal shares.
(3.) IT appears that two several documents were executed on the 2nd of March 1966 by all the brothers and one of the said deeds is a deed of partnership between the brothers in respect of the business and the other is one of indemnity and release.;