SYED WAHID HUSSAIN Vs. MAHARAJKUMAR MAHMUD HASAN KHAN

JUDGEMENT

(1.) ON 25th August, 1951 Wahid Husain filed an-application under Section 20 of the Indian Arbitration Act (Act X of 1940) in the court of the Civil Judge, Lucknow, praying that the agreement to refer the disputes between the parties contained in the partnership deed dated 18th March, 1947 be ordered to be filed in the court and the court be pleased to nominate an arbitrator for the opposite parties or to appoint an arbitrator to decide the disputes between the parties. In the alternative it was prayed that the writings in paragraph 10 of the application be treated as an arbitration agreement and be ordered to be filed in the court and the court be pleased to nominate an arbitrator for opposite party No. 1 to decide the disputes between the parties.

(2.) THE facts alleged in the application are that Wahid Husain applicant and the three opposite parties entered into a partnership for a period of ten years by a registered deed dated 18th March, 1947 for trading in motor cars and for other allied purposes. THE 21st clause of the partnership deed provides that:

(3.) THE learned Civil Judge framed the following three issues: 1. Is this application barred by Section 69 of the I. P. Act? 2. Was the agreement never given effect to? If so, its effect? 3. To what relief is the plaintiff entitled ? THE learned Civil Judge decided that the application before him was barred by the provisions of Section 69(3). He further held that issue No. 2 did not arise for determination as the matter was really a question of the merits of the case. Accordingly, the learned Civil Judge held that the applicant was not entitled to any relief and dismissed the application with costs.