( 1 ) THE present Writ Petition is filed challenging the order dt. 6. 10. 05 passed on Ex. 23 in R. C. S Suit no. 1160 of 2005 by the 8th, Jt. Civil Judge, Senior division, Pune. The said order has been passed on an application of the petitioner for a stay of the suit under section 10 of the Civil Procedure Code. Some of the material facts of the present case which are necessary to be enumerated are as under:

( 2 ) IN 1985 a firm of Satguru Construction was constituted with three partners namely Sardar Nirman singh, Sardar Harpal Singh and Sardar Sujan Singh. The said partnership was unregistered. As per the terms and conditions of the said partnership agreement the partnership commenced w. e. f. 1985. All the three partners had equal share. Under clause 14 of the said partnership it was provided that on the death of a partner partnership does not come to an end and shall be continued by the surviving partners. On 20. 10. 02 one of the partner Shri Nirman Singh Sial died leaving behind respondent no. 1 to 4 as legal heirs. Dr. Smt. Gurucharan Kaur Nirmansingh Sial who was the wife of the deceased and mother of respondent no. 1 filed a suit being RCS Suit No. 220 of 2003 sometime in

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