ASHOKA INDUSTRIES Vs. RAJINDER PERSHAD SHARMA

JUDGEMENT

(1.) THIS is an appeal impugning the judgment and decree dated 19.5.2005 which had endorsed the finding of the trial judge dated 13.12.2003, although for different reasons. The trial judge on 13.12.2003 had allowed the application filed by the applicant under Section 31(2) of the Arbitration Act 1940 (hereinafter referred to as 'the said Act) and had by relying upon the aforenoted provision of law held that the subject matter of the dispute referred to arbitration in terms of the arbitration agreement between the parties is the same as the dispute now emanating from the pleadings in the present suit; in terms of Section 31(2) of the said Act; the court had held that it has no jurisdiction to entertain the said suit. This finding was endorsed by the first appellate court although the provision section 31(2) of the said Act had not been adverted to; the plaint had been rejected under Order 7 Rule 11 (d) of the Code of Civil Procedure (hereinafter referred to as the Code).

(2.) THIS is a second appeal; it is yet at the stage of admission. Substantial questions of law have been formulated on page 5 of the body of the appeal; they read as follows:

(3.) ARGUMENTS have been controverted. It is pointed out that there is no perversity in the said findings.