AMARJEET SINGH Vs. A.D.J. AND ORS.

JUDGEMENT

(1.) THIS petition, under Article 227 of the Constitution of India, has been filed challenging an order passed by Additional District Judge, Gorakhpur, dated 28th February, 2015, whereby misc. appeal of the plaintiff has been allowed, and the order of the trial court for return of plaint has been set aside. A further direction has been issued by the appellate court for the proceedings of suit to continue before the court concerned.

(2.) FACTS in brief, which have given rise to this petition, and which are not in dispute that an original suit No. 511 of 2009 has been filed by the respondent No. 2, before the court of Civil Judge (Senior Division), Gorakhpur, for dissolution of partnership agreement, dated 1.7.2003, and for distribution of assets belonging to the firm. In this suit, an objection was taken by the petitioner, under Order 7 Rule 11 of the Code of Civil Procedure, 1908, vide application dated 12th October, 2009, on two grounds. It was, firstly, submitted that the suit itself is barred at Gorakhpur, in view of Section 16 of the Code of Civil Procedure, 1908, and secondly, it was contended that there is an arbitration agreement between the parties, and therefore, on this count also, the suit is not maintainable.

(3.) THE central focus of such a suit would be as to whether the partnership deed was in fact executed between the parties or not and other things would follow only on the outcome of this particular issue. Moreover, having regard to the documents which are submitted by learned counsels for either side, it becomes clear that this issue cannot be decided without leading evidence, as it is a waxed issue and determination thereof would need evidence which will have to be led by both the parties. For this reason itself, the present petition obviously cannot be entertained.