LALA GOBIND RAM KAPOOR Vs. PREM PARKASH KAPOOR

JUDGEMENT

(1.) THIS judgment will govern the disposal of Civil First Appeals Nos. 55, 58 and 63 of 1961. aS these appeals are directed against the same judgment of a learned single Judge of this court and raise common questions of law and fact, hence they are being disposed of by a common judgment,

(2.) PUT briefly, the facts leading up to the filing of these appeals are as follows:- On 30-9-1974, Prem Prakash Kapoor, the contesting respondent in all these appeals, brought a suit in this court against Gobind Ram Kapoor, Kashmiri Lal Kapoor, Kailash Chander- Kapoor, Satish Chander Kapoor, Ramesh Chander Kapoor and Kamal Kapoor, who are the , appellants in these appeals. The suit Was for declaration to the effect that he was a partner with these persons in a firm known as Messrs, Kapoor and Co. and continued, to be so till date, and for rendition of account's, directing them to render to him the accounts of the firm from the date of the commencement of the partnership not only till the date of the suit, but also during its pendency. In this suit, he also sought an injunction against the defendants, restraining them from interfering with, his participation in the partnership business.

(3.) ON 5-11-1974, the parties submitted a joint application to the court that their disputes be referred to the agreed arbitrator, namely, Lala Tirath Ram Amla, whose decision shall be binding on them. The learned single Judge, who was trying the suit, accordingly made a reference to the named Arbitrator by his order dated 11-11-1975, which is reproduced as below :