(1.) Present petition is filed assailing the order dated 23.09.2009 passed by learned Civil Judge (Junior Division), Rajpura, whereby the application moved by the Defendant No. 1 - Petitioner herein seeking rejection of the plaint in view of Sections 5 and 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) was rejected.
(2.) The brief facts of the present case are that Plaintiffs - Respondents herein filed suit for rendition of accounts by dissolution of partnership, contending therein that partnership deed was executed between the parties to the suit on 08.08.2008 to carry the business of sale and purchase of sick units dealing in scrap and machinery, commission agents, builders and land developers. It has further been contended that as per the partnership deed, Plaintiffs' share would be 25% each and share of Defendant No. 1 would be 50% in the profit and loss account of the business. It has further been asserted in the plaint that Defendant No. 1 is not permitting the Plaintiffs to participate in the business and is not rendering any account of the firm and has denied the Plaintiffs to participate in the business, and refused to give the share of the profits of the firm.
(3.) On the first date of hearing, Defendant No. 1 - Petitioner herein moved an application under Order 7 Rule 11(a) and (b) of Code of Civil Procedure for rejection of plaint, inter-alia, contended therein that partnership deed contains arbitration clause and any dispute arising out of the