SANTOSH AGARWAL Vs. RAJA DEVI AGARWAL

JUDGEMENT

(1.) V.K.Gupta, J.-This Appeal is directed against the Judgment dated 28th March, 1996 passed by a learned single Judge of this Court in A.P. No. 26 of 1995 whereby the application filed by the Appellant under section 20 of the Arbitration Act, 1940 along with interlocutory applications filed by her under section 41 of the Arbitration Act, 1940 have been dismissed on the ground that the application under section 20 of the Arbitration Act was barred by time and since the main application under section 41 of the Arbitration Act not being maintainable, both were dismissed.

(2.) Brief Facts leading to the filling of the Appeal are that a Partnership Firm comprising of two partners, namely Jhumer Lal Agarwal and Shyam Sundar Agarwal, father and son respectively, both were carrying on partnership business. On 27th May, 1989 Jhumer Lal Agarwal, the father died and shortly thereafter i.e. on 1st July, 1989 the son, the other partner namely Shyam Sundar Agarwal also died. Their said partnership business was being carried on before their respective deaths in accordance with the terms of the Partnership Deed executed between the two of them on 13th December, 1975. Since the very opening part of the Partnership Deed dated 13th December, 1975 described the two partners as being inclusive of their heirs, executors, administrators and assigns, the appellant Smt. Santosh Agarwal, one of the daughters of Jhumer Lal Agarwal, upon the death of her father on 27th May, 1989 claimed her share (71/2%) on devolution, and not getting the same filed an Application under section 20 of the Arbitration Act in the year 1994 because of a stipulation in the Partnership Deed dated 13th December, 1975 to the effect that all differences and disputes arising between the parties or between their heirs or legal representatives regarding the business of the Firm etc. would be referred to Arbitration in accordance with the provisions contained in the Arbitration Act, 1940. It is worthwhile to notice here that in the meanwhile on the 11th July, 1989 a new Partnership Deed had come to be executed between the mother of the appellant, Smt. Raja Devi Agarwal, respondent No. 1 hrerein and the wife of appellant's sister Smt. Pushpa Devi Agarwal, respondent No. 2 herein whereby a new Partnership Firm was brought into existence. The learned trial Judge, as noticed at the outset, dismissed the aforesaid Application filed by the appellant under section 20 of the Arbitration Act as being time barred by holding that the same was filed beyond the prescribed period of limitation period of three years, as stipulated in terms of Articles 137 of the schedule to the Limitation Act.

(3.) The appellant-petitioner raised the following disputes and differences which she wanted to refer to arbitration :