BEHARI LAL Vs. PRAKASH CHAND

JUDGEMENT

(1.) THIS revison petition is directed against the order of the 1st Additional Munsiff Srinagar dismissing the application of the petitioner under section 34 of the Arbitration Act.

(2.) BRIEFLY speaking the facts of the case are that in a suit for rendition of accounts and dissolution of partnership brought by Prakash Chand the plaintiff respondent against Behari Lal the defendant petitioner the court initially passed certain orders on the applications filed by the plaintiff alongwith the suit. Notices were issued to the defendant to appear and file objections to these orders and also written statement in the case. The defendant appeared. He made a number of applications to the court for recalling these orders. He even sought time to file written statement as is evident from the two interlocutory orders of the court dated 25 -5 -76 and 9 -6 -76. Time was granted by the court for this purpose. However, on a subsequent date the defendant made an application under section 34 of the Arbitration Act asking the court to stay the proceedings in view of the Arbitration clause in the partnership deed. This application was resisted by the plaintiff on the ground that it was not maintainable and could not be filed at this stage of the suit.

(3.) ELABORATE arguments were addressed by the learned counsel for the parties before the learned court below. The learned Judge agreed with the plaintiff that the application was not maintainable and was misconceived. It was accordingly dismissed. Aggrieved by this order the defendant has come up in revision before this court.