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1995 Supreme(SC) 33

K.RAMASWAMY, SUJATA V.MANOHAR
Prem Lata – Appellant
Versus
Ishar Dass Chaman Lal – Respondent


Advocates:
AMAN VACHHER, AVADH BIHARI ROHTAGI, Dhruv Mehta, K.B.ROHTAGI, P.N.PURI, S.K.DHINGRA, S.K.MEHTA, SATISH CHANDRA AGRAWAL

JUDGMENT

 Application for substitution is allowed.

2. This appeal, by special leave, arises from the judgment of the learned single Judge of the Punjab and Haryana High Court in Civil Revision No.660/85, dated May 7, 1985.

3. M/s. Ishar Das Chaman Lal partnership firm consists of Ishar Das, the father, Chaman Lal and Om Prakash, his sons. By a deed of partnership dated 13-12-1965, the aforesaid partnership firm was constituted but the firm was not registered under S.69 of the Indian Partnership Act. Chaman Lal, the eldest son died on 6-3-1978, the obvious reasons of which the partnership stood dissolved. By the death of one of the members, it is no longer possible to adhere to the original contract. The appellants the widow and alleged son of the deceased Chaman Lal called upon the respondents to render the accounts of the firm. Since they did not do so invoking Clause (16) of the partnership deed, the appellants had called upon the respondents to refer the dispute to M/s. Tara Chand and Hans Raj Jain, Income-tax practitioners, the named arbitrators in the contract, to resolve the dispute. Since the respondents had refused to refer the dispute, the appellants invoked the jurisdiction






















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