- (1.) C. M. No. 16439-C-II of 2012: Allowed as prayed for. Main Case : 1. Defendant Pawan Kumar, by way of instant revision petition filed under Article 227 of the Constitution of India, has assailed order dated 26.04.2012 (Annexure P-6), passed by learned Civil Judge (Junior Division), Jalandhar, thereby dismissing application (Annexure P-2) filed by defendant-petitioner under Section 8 of the Arbitration and Conciliation Act, 1996 (in short - the Act). Respondent-plaintiff Raj Kumar Chauhan has filed suit against defendant-petitioner vide plaint (Annexure P-1) for permanent injunction restraining the defendant from interfering in peaceful possession of the plaintiff over the suit land comprised in khasra no. 1044/766 and from dispossessing him therefrom illegally and forcibly and from demolishing the construction raised by the plaintiff therein. The plaintiff alleged that he is in possession of the suit land since its purchase by him from the defendant.
(2.) Defendant moved application (Annexure P-2) under Section 8 of the Act alleging that both the plaintiff and defendant and others constituted partnership firm vide partnership deed dated 27.02.2008 (Annexure P-3) to carry on business of development of properties and construction of flats etc. in the name of M/s CH Land Develope Rs. Flats were to be constructed by the partnership firm in the suit land. There is arbitration clause no. 13 in the partnership deed. Accordingly, defendant prayed for stay of proceedings of the suit under Section 8 of the Act.
(3.) Plaintiff, by filing reply (Annexure P-4), resisted the application and pleaded that the dispute raised in the suit does not relate to partnership business. It was pleaded that partnership deed (Annexure P-3) has no concern with the present suit. It was thus alleged that Section 8 of the Act is not applicable to the suit.;