ORDER

1. Special leave granted.

2. This appeal raises a short question regarding the interpretation of Sections 69(2) and (3) of the Indian Partnership Act, 1932 read with Section 20 of the Arbitration Act, 1940. The factual matrix in which this question arises may be briefly stated as under :

Respondent 1, an unregistered firm, filed proceedings under Section 20 of the Arbitration Act, 1940 in the High Court of Delhi. The Delhi Development Authority entered a counter and contested the proceedings on various grounds including the ground of limitation. The learned Single Judge allowed the suit and directed the appointment of an arbitrator. Against that order a first appeal was filed before a Division Bench of the High Court by the respondent. That appeal was dismissed holding that the subsequent registration of the firm cured the initial defect since that was within the period of limitation. Hence this appeal by special leave.

3. Section 69(1) provides that no suit to enforce a right arising from a contract shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unl