ASHOK KUMAR Vs. DHARAM PAL AND OTHERS

JUDGEMENT

(1.) THIS order will also dispose of Civil Revision Petition No. 1833 of 1989, as both the revision Petitions have been filed against the same order of the District Judge, Sirsa, dated May 3, 1989.

(2.) THE Plaintiff Dharam Pal filed the suit for dissolution of the firm and for rendition of accounts. The suit was filed on February 28, 1989. Since the partnership entered into vide partnership deed dated June 2, 1980, was at will, the same was dissolved by the Plaintiff by serving notices dated February 28, 1989; hence he filed the suit for rendition of accounts and the dissolution of the firm. In the suit, before filing the written statement, Defendants Nos. 2 to 5 moved an application under Section 34 of the Arbitration Act, (hereinafter called the Act) for staying the proceedings and to refer the matter to the arbitrator as per Clause 20 of the partnership deed dated June 2, 1980. The said clause reads as under:

(3.) AFTER hearing the learned Counsel for the parties, I do not find any merit in the contention raised on behalf of the Defendant -Petitioner.