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1975 Supreme(All) 249

T.S.MISRA, R.L.GULATI
Rampa Devi – Appellant
Versus
Bishambhar Nath Puri – Respondent


Judgement

T. S. MISRA, J.:- This appeal arises in the following circumstances.

2. The appellants, before instituting the suit which has given rise to this appeal, had filed an application under Section 20 of the Arbitration Act for appointment of an arbitrator in terms of the arbitration agreement contained in the deed of partnership. That application was rejected by the Court below on the ground that the partnership deed was not duly registered under Section 58 of the Indian Partnership Act and therefore the petition was barred by the provisions of Section 69 of that Act. The matter was brought to this Court in appeal. The order of the court below was upheld with the observations that the petition under Section 20 was not maintainable because of the bar created by Section 69 of the Act. The plaintiff-appellants thereafter filed the suit for rendition of accounts and, in the alternative, for dissolution of the firm in which the defendants were the partners. The defendants before filing the written statement filed an application under Section 34 of the Arbitration Act for stay of the suit on the ground that there subsisted an arbitration agreement between the parties whereunder the ma






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