RAMESH CHOUBEY Vs. DULARI KURE

JUDGEMENT

(1.) Heard the parties.

(2.) The plaintiff-petitioner had filed an application under Section 8 read with Section 20 of the Arbitration Act, 1940 in the Court of learned Sub-Judge, Sasaram. As required and provided for it was registered as Title Suit No. 135 of 1985. The said application was for appointment of two Arbitrators in terms of unregistered partnership deed for taking accounts and rendition thereof. Now, an application has been filed purporting to be an amendment application whereby the prayer has been made for an additional relief. This has been rejected by the trial Court with reference to Section 69 of the Partnership Act. This order the plaintiff-petitioner assailed. The defendants are represented.

(3.) It is submitted on behalf of the plaintiff-petitioner that in the Impugned order reference of Section 69 of the Partnership Act denying him the right to amend the suit on the ground that suit is not maintainable is wrong. He further submitted that till now the Suit was a suit for rendition of accounts and could be amended to a suit for dissolution is continuing right.