The Code of Civil Procedure, 1908  - Order VII Rule (11)

Civil suit file on the basis of Will for possession - Respondent turn file civil suit for partition and separate possession of his share and declaration the Will was fabricated null and void - Both suit consolidated - Another respondents of civil suit claiming arbitration u/s. 8 of the Act that Will declaration if any dispute should be decided by "U" Advocate - Lower trial court allowed application for arbitration - Dismissed both suits O7, R11 of CPC - Barred by jurisdiction - Appeal - Issuing notice - "U" Advocate withdrew himself from the arbitrator - Application u/s 11 (6) read with 14 (1) and 15 (2) for appointment independent arbitrator - Chief justice allowed - Supreme Court - The question of validity of Will - No Arbitrator can be appointed.

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