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MUHAMMAD ILYAS KHOKHAR versus IHSAN ILAHI MUGHAL


Plaintiffs' lawsuit against the parties for dissolution of partnerships, sections 39, 40 and 44 of the Partnership Act 1932, 40 and 44 of the Arbitration Act (X of 1940), for the dissolution of the partnership because of the presence of an arbitration agreement between the parties. Upon doing so, the Defendant's lawyer submitted, filed his Memorandum of Demand, and requested the adjournment case to be submitted, and after filing a written statement Rover of Attorney, requesting the Defendant's lawyer, written statement. Requested to postpone the case for filing and the case was adjourned to pay costs. On the date of the hearing of the petition filed under Section 34, Arbitration Act 1940, to prevent legal proceedings, the defendant claims that the arbitration clause should be referred to the arbitration clause in the dispute / dispute agreement of the parties. Was, apply to the court to cite arbitration matter at any time before filing a written document for the proceedings of either party, section 34, the arbitration act, 1940, or the action provided by the defendant's counsel. I will take another action that filed a memo to appear in court and give my jurisdiction Requested to postpone the case for filing a written statement and thereafter, submitted his / her jurisdiction and adjourned the case to file a written statement, taking further action in proceedings proceeding from such proceedings. Defendant and Defendant will be deemed to have waived the right to establish proceedings and send the matter to arbitration.

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