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TMI Blog2019 (4) TMI 458X X X X Extracts X X X X X X X X Extracts X X X X ..... ected against the final judgment and order dated 14.05.2012 passed by the High Court of Judicature at Allahabad in Writ C. No.14839/1993 whereby the High Court dismissed the writ petition filed by the appellants herein and upheld the order dated 18.03.1993 passed by the Civil Judge, Jhansi in O.S. No.140/1992. 3. A few facts need mention hereinbelow for the disposal of this appeal, which involves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or. The respondent, therefore, prayed that an Arbitrator be appointed in terms of Clause 11 of the Partnership Deed for deciding the disputes, which have arisen between the parties relating to the partnership. 7. The appellants (defendants) on being served raised a preliminary objection contending therein that since the partnership in question on which the application under Section 20 of the Part ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court. 10. So, the short question, which arises for consideration in this appeal, is whether the High Court was justified in dismissing the appellants' writ petition. 11. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow this appeal and while setting aside the impugned order remand the case to the High Court for deciding the writ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court for deciding the writ petition afresh on merits keeping in view the law laid down by this Court in the case of Krishna Motor Service (supra). 15. In view of the foregoing discussion, the appeal succeeds and is accordingly allowed. The impugned order is set aside. The case is remanded to the High Court for deciding the writ petition, out of which this appeal arises, afresh on merits as obse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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