JAGDISH RAJ Vs. SURINDER KUMAR

JUDGEMENT

(1.) ON an oral request made by the learned Counsel for the petitioner at the outset, the present petition is treated to be a petition filed under Article 227 of the Constitution of India. 2. Defendant No. 1 Jagdish Raj is petitioner before this Court. He has challenged the order dated May 3, 2002 passed by the learned Additional Civil Judge (Senior Division), Amritsar whereby an application filed under Section 34 of the Arbitration Act, 1940 read with Section 8 of the Arbitration and Conciliation Act, 1996 has been rejected.

(2.) A suit for recovery of an amount of Rs. 4,50,000/ - was filed by the plaintiff -respondent Surinder Kumar. It was claimed by the plaintiff that he along with the defendants was a partner of the firm. He claimed the aforesaid amount along with interest.

(3.) THE aforesaid application filed by the defendants was contested by the plaintiff. It was maintained by him that the original partnership deed dated March 20, 1981 stood superseded through a fresh partnership deed dated 1, 1988 and as such the reliance placed by the defendants on the original partnership deed was without any justification.