JUDGMENT

Mrs. Sujata V. Manohar, J.-Leave granted.

2. The appellant and respondents 1 to 5 were partners in an unregistered partnership firm by the name of M/s. Lakshmi Narain & Sons which was constituted under a deed of partnership dated 4/6.11.1967. The first respondent brought Title Suit No. 71 of 1991 against the appellant and respondents 2 to 5 for dissolution of the partnership firm and for accounts in the Court of the Sub-Judge, Ranchi. As the deed of partnership contained an arbitration clause, the appellant made an application before the Sub-Judge under Section 34 of the Arbitration Act for stay of the Title Suit No. 71 of 1991. This application was granted. In appeal before the High Court being Misc. Appeal No. 13 of 1992, the High Court has ultimately by its order dated 16.12.1992 upheld the order of the Sub-Judge granting a stay under Section 34 of the Arbitration Act.

3. The appellant filed Misc. Case No. 11 of 1992 before the Sub-Judge, Ranchi under Section 8 of the Arbitration Act for appointment of an arbitrator. The first respondent raised a preliminary objection contending that the partnership firm was unregistered, and by reason of Section 69 of the Indian Partners