SANDEEP AGGARWAL Vs. RAJ KUMAR AGGARWAL & ORS

JUDGEMENT

(1.) I A No.5545/2019 (of defendants no.1&5 u/S 151 CPC) and IA No.5546/2019 (of the defendant no.2 u/S 151 CPC) The defendants no.1&5 as well as the defendant no.2 have filed these identical applications under Section 151 of the Code of Civil Procedure, 1908 (CPC) seeking dismissal of this suit for partition inter on the ground that the Partition Deed filed by the plaintiff himself along with the plaint contains an arbitration clause.

(2.) I have enquired from Mr. Aman Shankar, Advocate appearing on behalf of the applicant/defendant no.2, whether he has heard of Section 8 of the Arbitration & Conciliation Act, 1996.

(3.) He states that he has not, though he is eleven years into the profession.