The Calcutta Weekly Notes Law Notes and Notes of Cases of the Calcutta High Court and of the Judicial Committee of the Privy Council and the English Law Courts Monday November 24 1902

Their lordships set aside the judgment of the Appellate Court and held that the representative of the deceased Api)ellant was entitled to have his name entered on the record and the appeal reheard. [...] After the death of his grandfather his three sons who were the principal beneficiaries under the Will and another son the father of the Plaintiff went to arbitrtion referring all their disputes regarding the estate of their father and the devises in the Will governing or affecting their interests to certain arbitrators. [...] After the arbitrators made their award the father of the Plaintiff objected to its being filed on various grounds alleging impropriety of conduct against the arbitrators and his other brothers but subsequently withdrew his objections and the award was filed and in terms of the decree therein the Plaintiff’s father was paid the amount awarded to him. [...] The Plaintiff without taking such proceedings in the probate had now brought a suit for the declartion of his rights for the construction of the Will and other relief in And pouperzs and the matter was set down for investigation of the pauperism. [...] The history of the case above given showed that the Plaintiff was fully cognizant of the arbitration proceedings and had taken part in them and had not availed himself of the liberty granted to him by the Court accordingly the suit should be dismissed with costs.