https://www.taxtmi.com/caselaws?id=275828 Under the Arbitration Act, 1940, a private award could not be invoked as a conclusive bar to a partition suit by treating its own validity as established in that suit, and the suit remained maintainable where the plaint was founded on original title and partition rights rather than on enforcement of the award. The reference to the unfiled award was only incidental to the pleaded arrangement, so non-filing under section 14(2) did not defeat maintainability. On the evidence, the findings that the Schedule B property was family property and that the Schedule C property had not been proved to have been previously divided were upheld, and the partition decree was affirmed with amendment to include Schedule D property. en-us Thu, 04 Sep 1952 00:00:00 +0530 Thu, 18 Oct 2018 15:48:31 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275828 Under the Arbitration Act, 1940, a private award could not be invoked as a conclusive bar to a partition suit by treating its own validity as established in that suit, and the suit remained maintainable where the plaint was founded on original title and partition rights rather than on enforcement of the award. The reference to the unfiled award was only incidental to the pleaded arrangement, so non-filing under section 14(2) did not defeat maintainability. On the evidence, the findings that the Schedule B property was family property and that the Schedule C property had not been proved to have been previously divided were upheld, and the partition decree was affirmed with amendment to include Schedule D property. Case-Laws Indian Laws Thu, 04 Sep 1952 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275828