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2007 Supreme(Mad) 1095

S.ASHOK KUMAR
Raju M. Jethwani & Another – Appellant
Versus
Kishore B. Jethwani – Respondent


Advocates:
For the Petitioner:Manoj Sreevalsan, Advocate. For the Respondent: ---

Judgment :-

This Civil Revision Petition is filed against the order dated 111. 2006 made in I.A.No: 14864 of 2006 in O.S.No:5 of 2006 passed by the learned II Additional Judge, City Civil Court, Chennai, rejecting the request of the petitioners/defendants to reject the plaint itself as not maintainable.

2. The respondent herein filed the suit claiming a sum of Rs.3,85,280.92 together with interest at 18% per annum from the date of plaint till realisation and for costs. Pending the suit, the defendants the interlocutory application contending that in Clause 15 the Partnership Deed executed between the defendants and the plaintiff dated 110. 2000, it is stated that all the disputes between the partners in relation to partnership business shall be referred to arbitration. The jurisdiction of a civil court in adjudicating the dispute between the plaintiff and the defendants is completely ousted in view of the provisions of the Arbitration and Conciliation Act, 1996. The suit is also not maintainable by virtue of misjoinder of cause of action under Order 2, Rule 7 CPC. The averments in the plaint if taken as such disclose two principal causes of action namely, (i) claim allegedly arisi





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