Sockalingam Chetty V. Gunawardene

Present : The Hon. Mr. J. P. Middleton, Acting Chief Justice,
and Mr. Justice Pereira.

SOCKALINGAM CHETTY v. GUNAWARDENE et al.

D. C, Colombo, 29,796.

    Partnership deed-Arbitration clause-Action for dissolution-Appointment of receiver.

The arbitration clause in a deed of partnership provided that if at any time during the partnership any dispute, doubt, or question should arise among the partners or their representatives on the construction of the partnership deed, or respecting the accounts, transactions, losses, or profits of the business, then such dispute, &c, was to be referred to the arbitration of two disinterested persons, one to be named by each party in dispute, &c.

Held, that such a clause does not enable a question of dissolution of partnership to be referred to arbitration.

Even where a Court has referred a question of dissolution to arbitration, it has the power to appoint a receiver.

THE plaintiff sued the defendants for the dissolution of the partnership existing between him and the defendants. The 13th clause of the partnership deed was as follows: " That if at any time during the partnership any dis

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