J. M. L. SINHA, J. :- This is a First Appeal from order dated 20th December, 1975, passed by the Civil Judge, Allahabad in proceedings under S. 20 of the Arbitration Act.

2. The facts of the case, briefly, stated are as under:

The parties entered into a partnership business to carry out contract work of the Government and in that connection an agreement was entered into between them. One of the clauses in the agreement provided for settlement of all disputes between the parties by arbitration. Dispute having arisen, the respondents gave notice to the appellants determining the partnership and asking for appointment of arbitrators. That having proved abortive, the plaintiff appellants moved an application under S. 20 of the Arbitration Act. The application was resisted by the respondents inter alia, -on the ground, that, the partnership, being unregistered, the application under S. 20 of the Arbitration Act was barred by S. 69 of the Indian Partnership Act. This objection found favour with the learned Civil Judge with the result that the application under S. 20 of the Arbitration Act was dismissed as not maintainable, Feeling aggrieved against that order the plaintiffs have c