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Rukhanbai vs Adamji Shaik Rajbhai on 3 April, 1908

3. We have also been referred to the case of Rukhanbai v. Adamji 1 Ind. Cas. 622 ; 33 B. 69 ; 10 Bom. L.R. 366 decided by a single Judge. There, Beaman, J., was dealing with a case of an agreement to refer the matter in dispute in an administration suit to the decision of an Assistant Commissioner. He held that there had been no regular submission to arbitration and no acceptance by the parties of the so-called arbitrator's award. He finally made an order referring the matter back to the very same arbitrator. The facts of that case are dissimilar from those of this case. Now in the present case we have an agreement in writing signed by the Vakils of the contesting parties to abide by the final decision of another appealable suit in a connected case. I fail to see any valid reason why this agreement plus the final decision of the High Court in Original Suit No. 295 of 1886 does not conclude the claims of the parties in this suit and operate as an adjustment of the suit.
Bombay High Court Cites 2 - Cited by 8 - Full Document
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