Form No.J(2)

IN THE HIGH COURT AT CALCUTTA

Civil Appellate Jurisdiction

Appellate Side

Present : The Hon’ble Mr. Justice Sabyasachi Bhattacharyya

&

The Hon’ble Mr. Justice Uday Kumar

FAT 153 of 2025

With

CAN 1 of 2025

Suniti Ranjan Mondal @ Sunity Ranjan Mondal

Vs.

Asi Ranjan Mondal

For the appellant : Mr. Arijit Bardhan,

Mrs. Tapati Samanta,

Mr. Arindam Ghosh, Advs.

For respondent : Ms. Juin Dutta Chakraborty, Adv.

Heard on : October 28, 2025. Judgment on : October 28, 2025.

Sabyasachi Bhattacharyya , J .:

In view of the short point involved, we take up the appeal itself

1.

for hearing.

By the impugned judgment and decree, a suit filed by the

2.

plaintiff/appellant, inter alia for declaration, partition and

dissolution of a partnership, was dismissed on the ground that the same was barred under the Arbitration and Conciliation Act, 1996.

Upon hearing learned counsel for the parties, we find that the

3.

impugned judgment is not only based on absurd logic but is palpably de hors the law. The learned Trial Judge proceeded on the premise that since there was an arbitration clause in the partition deed between the parties, the provisions of Section 42 of the 1996 Act apply and in view of the same, the suit is no