(1.) The above appeal has been preferred against the judgment and order dated 5th September, 2007 passed by the learned Single Judge of this Court in the aforesaid Special Suit under Arbitration Act, 1940 (since repealed). The learned Trial Judge has been pleased to pass orders though not expressly but in substance, allowing prayer of the respondents for filing of the arbitration agreement dated 23rd December, 1972, and directing the parties to nominate their respective learned Arbitrators and also to appoint Umpire in anticipation.
(2.) The short fact leading to preferring this appeal is as follows:-
(3.) The said partnership deed contains an arbitration clause which is wide enough a mechanism for resolution of all the disputes not only between the original partners but also their heirs and legal representatives who are parties to the special suit.