Learned counsel for the respondent No.1 has strenuously contended that the petitioner has placed on record unamended copy of the plaint showing pendency of the civil suit between the partners, whereas the during the pendency of the civil suit No.484 of 8.11.1993, the petitioner and the respondent No.2 had sold the property bearing No.44-C measuring 8100 sq. meters along with built up structure having covered area of 1080 sq. m. on 4.1.2005, for a sale consideration of Rs.20 crores, whereas, in the papers the sale consideration is shown to be only Rs.2 crores. It has been further contended that on coming to know about the sale carried on 4.1.2005, he moved application for amendment of the plaint and for impleading the vendee of the plot i.e. Home Concept Crafts Pvt. Ltd. Through its Director Kapil Kumar as party to the suit. He has also sought additional relief of joint possession of the aforesaid property. Ultimately, the said application was allowed vide order dated 6.12.2006 (Annexure R-1/4). Now the dispute in the civil suit also involves Home Concept Crafts Pvt. Ltd. And Kapil Kumar who are not party to the arbitration agreement and contrary to the partnership deed dated 1.4.1987, as such the matter cannot be referred to the arbitrator. It is settled law that the dispute could not be split up and only the civil court has the jurisdiction and the matter is not liable to be referred to the arbitrator. In the civil suit filed by the respondent No.1 for dissolution of the firm and rendition of accounts, the petitioner and the respondents No.2 and 3 have already filed the written statement on 17.8.1999, issues were framed on 7.8.2000, cross examination of the plaintiff (now respondent No.1) was conducted by the defendants (now petitioner and respondents No.2 & 3) on various dates. Cross examination of defendants No.1 to 3 was closed and the case was put for the cross examination of defendants No.4 and 5. As such, at this stage of the suit, it is not desirable and tenable to refer the dispute to the arbitration. It is well settled proposition of law that in a suit for dissolution of partnership and
