KAAJAL AMAR AHUJA Vs. ISHWARLAL RAMCHANDRA AHUJA

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned counsel for the respondents.

(2.) The challenge in this Petition is to the common order passed below Exhibits 20 and 21 filed by defendant Nos. 2 and 3 under Section 8 of the Arbitration and Conciliation Act for reference of the suit to Arbitrator and to stay the suit.

(3.) The petitioners are the original plaintiffs. Petitioner No.1 is the original plaintiff No.1. She is the wife of defendant No.2 - present respondent No.2. There was some matrimonial dispute between the plaintiff No.1 and defendant No.2. The plaintiff No.2 is the son of plaintiff No.1 and defendant No.2. The plaintiffs filed a suit for dissolution and accounts of partnership valued at Rs.1000/-. In the Plaint it is the contention that admittedly the plaintiffs are the partners of the partnership firm. However, by an alleged Deed of Retirement dated 1/4/2010, it is pleaded by the defendants that, both the plaintiffs have retired from the business of the said firm. It is the case of the plaintiffs that they have never signed on any Deed of Retirement and/or never signed any form/s to be submitted to the Registrar of Firms. It is alleged by the plaintiffs in the Plaint that defendant No.2 by practicing fraud upon plaintiff No.1, might have obtained signatures of plaintiff No.1 on some documents, which the defendants are claiming to be Deed of Retirement of both the plaintiffs. The essence of the plaintiffs' case is that plaintiff No.1 never signed/executed any document styled as "Deed of Retirement" or any document having effect of retirement of the plaintiffs from the said firm.