DADIA JAYANTILAL MOTICHAND Vs. SHAH BABULAL BECHARDAS

JUDGEMENT

(1.) AN important question which arises in this appeal is as to whether the plaintiffs who filed a suit for dissolution and accounts of a partnership firm against the defendants who were partners along with the plaintiffs in that firm and whose suit failed on a decision on a preliminary point that the suit was not maintainable as the notice as required under sec. 43 of the Indian Partnership Act had not been given prior to filing of the suit can subsequently file an application under sec. 29 of the Indian Arbitration Act for getting the arbitration agreement filed in court. ... ... ... ... ... ... ...

(2.) IN view of the pleadings and in view of the application filed by defendant No. 1 at Ex. 16 under Order 14 Rule 2 of the Code of Civil Procedure the court framed preliminary issues as per ex. 26 viz.

(3.) MR. Shah in further support of his argument has relied on a Full Bench decision of the Andhra Pradesh High Court viz. In re Chunduru Vankata Subrahmanyam A.I.R. 1955 Andhra 74. This was a case in which the court dispaupered a pauper and ordered him to pay the courtfees and on non payment of the court fees the suit was dismissed and while pointing out the distinction between rejection of a plaint under Order 7 Rule 11 and dismissal of a suit under Order 33 Rule 11 the court observed as follows at page 77: