MANOJ KUMAR YADAV Vs. DILIP KUMAR YADAV

JUDGEMENT

(1.) Heard Sri H.R. Misra, learned Senior Advocate assisted by Sri Abhishek Mishra, learned counsel appearing for the defendant-revisionist and Sri H.N. Singh, learned Senior Advocate assisted by Sri Sanjay Tiwari, learned counsel appearing for the plaintiff-respondent.

(2.) This revision has been filed against the order dated 6.7.2016, passed by the Civil Judge (Senior Division), Gorakhpur in Original Suit No. 867 of 2013 (Dilip Kumar Yadav Vs. Manoj Kumar Yadav and another).

(3.) By means of the impugned order, the application filed by the defendant-revisionist under Section 8(1) of the Arbitration and Conciliation Act , 1996 1 for referring the parties to arbitration has been rejected on the ground that neither original nor certified copy of the arbitration agreement was filed by the defendant-revisionist before the court below. On 4.12.2013 a written statement was filed by the defendant-respondent. Thereafter, the application under Section 8(1) of the Act of 1996 was filed.