RAMJI DASS AND OTHERS Vs. DURGA DASS

JUDGEMENT

(1.) UNDER partnership deed dated 17th of June 1963. Durga Dass respondent entered into partnership with Ramji Dass, Baldev Chand and Bishamber Sarup partners, for carrying on business of a cloth shop at Nangal Township. The partnership agreement contained an arbitration clause to the effect that in case any dispute amongst the partners arises regarding the partnership business or the conditions of partnership, the same shall be referred to and decided by the arbitrator according to the Arbitration Act. The arbitration clause is contained in para 11 of the partnership agreement, which fact is not disputed between the parties.

(2.) THE partnership was admittedly dissolved with effect from 19th of November. 1967, but the accounts were not settled between the two partners On 1st of January, 1969, Durga Dass gave notice to other partners for reference of the dispute to the arbitrator. On 23rd of April, 1970, he filed an application under section 8 of the Arbitration Act which was dismissed as incompetent by the Subordinate Judge, on 20th of October as withdrawn.

(3.) WHETHER application is barred by time ? O.P.R.