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1969 (8) TMI 98 - SUPREME COURT - Indian Laws
Extract:
....... force. The mere fact that there was a partition by means of arbitration which resulted in an award and a decree based on it would not bring the matter within Sub-section (2) as the provisions of Sub-section (1) became fully applicable particularly in view of the express terms of the Explanation. 8. This appeal fails and it is dismissed with costs.