BANALA YASODA DEVI Vs. BILAKANTI VENKATCSWARLU

JUDGEMENT

(1.) THIS is an appeal against the the order dt. 21-9-89 of the learned Subordinate Ju/dgG GadwaJ dlsialssJag 14 No.. 146 and 175 of 198,9 in OS No 10/89 on his file. Aggrieved by the same the appellants, who are plaintiffs in the suit filed this miscellaaeous appeal. The plaint for consideration is whether the Court below erred in invoking the provisions of Section 34 of; the ARBITRATION ACT, 1940.

(2.) THE appellants are the plaintiffs in OS 10/89. THEy filed the said suit for recovery of a sum of Rs 23,900/-and for ancillary reliefs. Having received notices, the 5th defendant filed IA 146/89 while defendants I to 4 and 6 filed IA 175/89 invoking the provisions of Sec 34 of the ARBITRATION ACT, 1940 and requesting the Court to stay all further proceedings in the suit, till the completion of arbitration proceedings. Having considered the matter the lower court allowed both the said applica tions. Aggrieved by the same the plaintiffs have come up with this appeal.

(3.) BEFORE proceeding further it is the contention of the defendants that the suit as filed is not maintainable as the plaintiffs being partners cannot ask for specific amounts and what all they can do is to ask for dissolution of the Firm and for rendition of atcounts. Similarly it is submitted thai the suit is bad for non-joinder of the children of the plaintiffs since admittedly fixed deposits were made in their names. I am not inclined to give any opinion on the said conten tions at this stage and it is for the lower court to consider these matters.