AIR 1951 PATNA 445

Patna High Court

Hon'ble Judge(s): Narayan, C. P. Sinha , JJ

(A) Arbitration Act (10 of 1940) , S.21— Parties to submission. It is not necessary that all the parties to a suit should concur in an application for an order of reference in order to make the submission valid; it is only necessary that all the parties who are interested in the subject-matter of the reference should join in the submission. An award, therefore, in arbitration in a suit for partition of joint Hindu family, cannot be held to be invalid merely because the transferees from a coparcener whose interest is, however, protected by the order given by the arbitrator, were not parties to the submission.(Para 6) Anno. Arb. Act. S. 21 N. 3, 4. (B) Hindu law - Partition - Partial partition admitted - Presumption - Onus of proof. Evidence Act (1 of 1872) , S.101, S.102, S.103— When a partition is admitted or proved, the presumption is that all the property was divided, and if anybody alleges that family property in the exclusive possession of any of the members after the partition is still to be deemed as joint property liable to be partitioned, he has to prove that allegation. But there must be either a clear admission or a definite finding to the effect that there was a partial partition, and in absence of an admission on th....