Honble YADAV, J. — The instant revision petition has been posted for disposal of the stay application in the Daily Cause List although vide order dated 9.2.95, the office was directed to list this case today for hearing. However, with the consent of learned counsel appearing for the parties, this revision petition is being heard and decided on merits at admission stage.

(2). The factual matrix of the case necessary to be noticed for disposal of the present revison petition, is that the respondents submitted an application under Sec. 20 of the Arbitration Act on 28.3.89 as there was a clause in the partnership deed of the firm Agra Sweet Home, Sojatiya Gate, Jodhpur dated 3.9.80 by which a new firm under the name and style was constituted in place of the old firm which had previously been constituted vide partnership deed dated 1.4.77 stipulating that in case of a dispute in between the partners it shall be referred to arbitration. It is to be noticed that the matter was instituted under the Arbitration Act along with an application under Order 40, Rule 1, CPC which was registered as case No. 10- B/89 in the court of Civil Judge, Jodhpur. I am constrained to observe that the applicat

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