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PETITIONER: CHAMPALAL
Vs.
RESPONDENT: MST. SAMARATH BAI
DATE OF JUDGMENT: 21/01/1960
BENCH: KAPUR, J.L. BENCH: KAPUR, J.L. IMAM, SYED JAFFER SUBBARAO, K.
CITATION: 1960 AIR 629 1960 SCR (2) 810 CITATOR INFO : R 1970 SC 833 (11)
ACT: Arbitration Award, Registration of--power of court to extend time for filing--The Arbitration Act, 1940 (X of 1940), s. 14(2)--Indian Registration Act, (XVI of 1908), ss. 17, 49--lndian Limitation Act, (IX of 1908), Art. 178-Indian Succession Act, 1925 (XXXIX of 1925), S. 192.
HEADNOTE: By means of a will the respondents husband autliorised her to adopt the appellant, and the will was duly registered after the death of the testator. The relevant portion of the will ran thus:- "Under this will, I am authorising the said Champalal Ishwardas to execute the same. I have appointed him the executor of this will. Under the said will the said Champalal alone shall be the full owner of my entire movable and immovable property and the executor of the will after my 811 death if I adopt him during my lifetime or even if my wife adopts him (after my death)." The appellant applied for appointment of a curator under S.192 of the Succession Act but subsequently the parties entered into an agreement for arbitration in the matter. Three arbitrators were appointed and the time f...