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Head Note

The Arbitration and Conciliation Act, 1996  - Section 8

Suit for partition - Application for stay of proceedings - High Court dismissed application - Right claimed in original suit for partition of joint family properties - Civil dispute not attract the provisions of Act - Appeal - Act 1996 will not apply to civil disputes - Only to 'commercial disputes' or international commercial disputes - Arbitration and arbitability depends - Arbitration agreement - Not upon the question - Civil dispute or commercial dispute - Application u/sec. 34 of the Arbitration Act, 1940 dismissed in 1995 - Affirmed in appeal in 2000 - High Court in 2001 attained finality - Application under Section 8 rightly negatived trial Court and by the High Court - Appeals disposed.

Topic(s)-Suit for partition , Arbitration and arbitability depends

Important Decision(s)- Arbitration and arbitability depends - Arbitration agreement - Not upon the question - Civil dispute or commercial dispute.