K.M.MEHTA
HEMENDRA BABULAL SHAH HUF THRO MANAGER AND KARTA – Appellant
Versus
DILIPKUMAR BABULAL SHAH – Respondent
( 1 ) RULE. Mr. P. R. Nanavati, learned advocate waives service of rule on behalf of respondents.
( 2 ) HEMENDRA Babulal Shah and others, petitioners-original plaintiffs, have filed this revision Application before this Court under section 115 of the Code of Civil Procedure, against the judgment and order dated 25. 11. 1997 passed by the learned Chamber judge, City Civil Court, Ahmedabad in Civil suit No. 2942 of 1992; Order below Exh. 14. The learned Judge by his impugned judgment and order was pleased to allow the application of defendant filed under Section 34 of the Arbitration Act, 1940, for staying of the suit.
( 3 ) THE facts giving rise to this Revision application are as under:-Originally Hemendra Babulal Shah -plaintiff no. 1 and Smt. Smitaben hemendrakumar Shah - plaintiff no. 2 had filed a Civil Suit No. 2942 of 1992 before the city Civil Court at Ahmedabad. In the said suit, the plaintiffs contended that there is a firm known as "m/s. Siddharth Tyres" which is a registered firm and a partnership deed is executed on 7th August, 1987. The plaintiff- Smt. Smitaben Hemendrakumar Shah and defendant no. l Babulal Shivlal Shah and defendant no. 2 Kailashben Ra
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