1. S.69 of the Partnership Act, 1932 lays down the effect of non - registration of a firm on suits to enforce a right arising from a contract by a partner against other partners or by or on behalf of a firm against any third party and provides that such a suit shall not be entertained unless the firm is registered and the person suing is or has been shown in the Register Of Firms as a partner. The question of law raised in this petition under S.8(b) read with S.20(4) of the Arbitration Act, 1940 (for short called the Act) is, as to whether such a petition is barred at the instance of a partner of an unregistered partnership firm.

2. The facts are not in dispute. The petitioner and respondents are brothers and sister. On April 1, 1968 they entered into a partnership agreement to carry on the business of Ship Chartering, Ship Brokerage and other allied lines on the norms and conditions which were later reduced into writing in the form of a partnership deed dated May 1, 1968 duly executed between the parties. Some of the terms and conditions of the partnership were varied later and a fresh partnership deed was drawn and executed an April 12, 1971. The partnership deed contains the arbi