1928 (11) TMI 6

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....as rightly held that out of the three defendants two having confessed judgment the third was competent to refer the dispute to arbitration. The suit was for restitution of conjugal rights and the dispute was referred to arbitration by the husband and the wife, the confessing defendants being those who were alleged to be preventing the wife from going to her husband and against whom therefore, an i....

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....d, therefore, the plaintiff's suit for restitution of conjugal rights was dismissed. It is not open to the appellant to say that the matter should not have been referred to arbitration. It was legal for the Court to refer any disputed matters to arbitration on the application of the parties, but reserving the question of exercise of its discretion after receipt of the award of the arbitrator a....