GHULAM SARWAR Versus MAZHARULLAH

ORDER

1. S.A.NUSRAT, J.- -The respondent filed a suit for rendition of accounts against the petitioners in respect of a partnership firm known as Lyallpur Crockery House. In the said suit, an application was moved under section 34 of the Arbitration Act by the petitioners in view of a clause contained in the partnership deed providing for arbitration. The application was dismissed by the trial Court by order dated 17-6-1984, which was challenged by the petitioners in appeal before the Additional District Judge, who set aside the same by his order dated 12-11-1984. This order, in turn, was challenged by the respondent in revision before the High Court, which was allowed as per impugned order and the order of the first appellate Court was set aside.

2. The main question, which came up for consideration before the High Court, was whether the petitioners, before filing of the application under section 34 of the Arbitration Act, had taken steps in the proceedings and having done so, were not entitled to invoke the arbitration clause and seek stay of the suit.

2. We heard the learned counsel for the parties and have gone through the impugned judgment. The learned High Court, on the basis of the evidence on the record, found that the petitioners had taken steps in the proceedings and as such were not entitled to invoke the arbitration clause and ask for the stay of the suit. The learned counsel for the respondent invited our attention to the order sheet of the trial Court in support of the findings of fact recorded in the impugned order.

3. In our view, no question of law arises in the petition which is dismissed accordingly.

4. M.I./G-56/S Petition dismissed.