SAIBAL KUNDU Vs. ARCHANA TALUKDAR

JUDGEMENT

(1.) This is an application under Art. 227 of the Constitution of India challenging an order dated June 19, 2000, passed by the learned District Judge at Barasat, District 24 Parganas (North) in Civil Revision case No. 30 of 2000 affirming the order No. 29 dated Feb. 3, 2000, passed by the learned Civil Judge (Junior Division), Third court at Sealdah in Title Suit No. 426 of 1993.

(2.) The Plaintiff/Petitioner instituted Title Suit No. 426 of 1993, inter alia, for dissolution of partnership and for settlement of accounts. In the said suit the Defendant/ opposite party appeared and, thereafter, filed an application under Sec. 34 of the Arbitration Act, 1940 praying for stay of the suit contending, inter alia, that one of the terms mentioned in the deed of partnership contained Arbitration Clause. The said Clause 14 of the deed of partnership runs as under:

(3.) The learned Munsif after a contested hearing by Order No. 20 dated May 12, 1997, inter alia, passed an order granting stay of the suit.