SUKHWINDER SINGH AND ORS. Vs. KUSUM SHARMA

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India takes exception to the order passed by the learned Civil Judge (Junior Division) Nahan, on 14.09.2015 whereby the application filed by the defendants-petitioners for rejection of the plaint came to be dismissed. The facts as are necessary for the adjudication of this petition may be stated thus.

(2.) The respondent-plaintiff filed a suit for prohibitory injunction in respect of the suit property comprised in Khata Khatauni No.78/99 min, Khasra No.277/219/121/2, measuring 05-00 bigha which was in the shape of a built-up area and also vacant land in Village Meerpur Gurdwara, Tehsil Nahan, District Sirmaur. It was alleged that after registration of sale deed No.646/2011 dated 23.11.2011, a partnership firm in the name and style of M/s Lavender Dairy and Milk Products was constituted which purchased the land and mutation No.279 dated 02.12.2011 was also attested in favour of the firm. On 30.06.2015, a partnership deed No.122/2015 came to be registered which comprised of the plaintiff, her husband Shri L.D.Sharma and the petitioners. The shares of the parties were 50% each. It was alleged that the plaintiffrespondent started causing illegal interference and began creating hindrance in running of the unit and, therefore, taking recourse to Clause No.5 of the partnership deed, the petitioners took over the firm from the plaintiff-respondent and were in physical possession and control of the same.

(3.) The main plea taken in the application for rejection of the plaint was that the suit was barred by the provisions of Arbitration and Conciliation Act, 1996 (for short 'Arbitration Act') in view of Clause-16 contained therein which stipulated that in the event of any dispute that may arise between the partners, the same shall be referred to the Arbitrator to be mutually appointed by the parties and whose decision shall be final.