PRABHU SHANKAR JAISWAL Vs. SHEO NARAIN JAISWAL

JUDGEMENT

(1.) Leave granted.

(2.) The appellant and Respondents 1 to 5 were partners in an unregistered partnership firm by the name of M/s Lakshmi Narain and Sons which was constituted under a deed of partnership dated 4/11/1967/6/11/1967. The first respondent brought Title Suit No. 71 of 1991 against the appellant and Respondents 2 to 5 for dissolution of the partnership firm and for accounts in the court of the Sub-Judge, Ranchi. As the deed of partnership contained an arbitration clause, the appellant made an application before the Sub-Judge under Section 34 of the Arbitration Act for stay of the Title Suit No. 71 of 1991. This application was granted. In appeal before the High court being Miscellaneous Appeal No. 13 of 1992, the High court has ultimately by its order dated 16/12/19922 upheld the order of the Sub-Judge granting a stay under Section 34 of the Arbitration Act.

(3.) The appellant filed Miscellaneous Case No. 11 of 1992 before the Sub- Judge, Ranchi under Section 8 of the Arbitration Act for appointment of an arbitrator. The first respondent raised a preliminary objection contending that the partnership firm was unregistered, and by reason of Section 69 of the Indian Partnership Act, a petition under Section 8 of the Arbitration Act was not maintainable. The Sub-Judge, however, held that the petition was maintainable. In Civil Revision No. 190 of 1993 which was filed by the first respondent against this order, the High court, by its order dated 6/8/1993, has allowed the revision and held that by reason of Section 69 of the Indian Partnership Act, a petition under Section 8 of the Arbitration Act is not maintainable.