Judgment Navaniti Prasad Singh, J. 1. Heard the parties. 2. The plaintiff-petitioner had filed an application u/s. 8 read with Sec. 20 of the Arbitration Act, 1940 in the Court of learned Sub Judge, Sasaram. As required and provided for it was registered as Title Suit No. 135 of 1985. The said application was for appointment of two Arbitrators in terms of unregistgered partnership deed for taking accounts and rendition thereof. Now, an application has been filed purporting to be an amendment application whereby the prayer has been made for an additional relief. This has been rejected by the trial court with reference to sec. 69 of the Partnership Act. This order the plaintiff-petitioner assailed. The defendants are represented. 3. It is submitted on behalf of the plaintiff-petitioner that in the impugned order reference of sec. 69 of the Partnership Act denying him the right to amend the suit on the ground that suit is not maintainable is wrong. He further submitted that till now the Suit was a suit for rendition of accounts and could be amended to a suit for dissolution is continuing right. 4. Having heard the parties to me it appears that there is some confusion with reference to the jurisdiction of the Court. I have gone through the plaint. It is specifically an application for referring the dispute to arbitrators as contemplated u/s. 8 read with sec. 20 of the Arbitration Act. As required by the Arbitration Act it is merely registered as a Title Suit. It is not a Title Suit. It is virtually a reference application alone. That being so the said cannot be converted into a suit for dissolution of partnership which is a completely different and independent proceeding and for which a Suit is the proper remedy. Therefore, the trial court rightly dismissed the application though in an application of wrong principle. 5. I may, however, observe that the plaintiff-petitioner has a continuing right to file a suit for dissolution of partnership even though the said partnership is an unregistered partnership. This so because sec. 69(3) specifically so provides. It is a suit by a partner of an unregistered firm for dissolution of the said partnership and such suit is maintainable. 6. With the above observatioon and the observation that the present suit which is actually a reference should be disposed of at an early date, this application is dismissed.