VEDA WONG Vs. S K WONG

JUDGEMENT

(1.) Petitioner entered into a partnership with espondent's father in 1960. Partnership deed contained an Arbitration Clause providing for reference of disputes arising out of it to Arbitrator. Respondent's father died in 1985 and thereafter respondent is said to have carried the business on his own.

(2.) Petitioner filed Arbitration petition no.44 7/1994 under Section 20 of the Arbitration Act for reference of raised disputes to the Arbitrator. Her application was dismissed by order dated 27.2.1998 by 1d. ADJ on the ground that since partnership had ceased to exist after the death of respondent's father and no dispute could be said to arise out of it thereafter to warrant reference to Arbitrator. The court, accordingly, dismissed the application.

(3.) Petitioner has filed this revision to assail the order. According to her counsel trial court had fallen in error by declaring her application time barred and by declaring that no dispute arose out of Partnership. He cited some judgments of this Court reported as "72 (1998) DLT 541, 72 (1998) DLT 586, 76 (1998) DLT 849 and 74 (1998) DLT 24" to canvass that no time limit was prescribed for filing application under Section 20 of the Arbitration Act and that the issue of dispute could also be referred to Arbitrator.