SOMNATH SHAW Vs. GOUTAM KUMAR GHOSH & ANR

JUDGEMENT

(1.) This application is at the instance of the plaintiff and is directed against the Order No.31 dated December 2, 2010 passed by the learned Civil Judge (Senior Division), Malda in other Case No.210 of 2008.

(2.) The petitioner instituted a suit for eviction against the opposite party in respect of the premises as described in the schedule of the plaint before the learned Civil Judge (Senior Division), Malda and the said suit was registered as O.C. No.210 of 2008. The opposite parties entered appearance and filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 (henceforth shall be referred as the said Act ) contending, inter alia, that there is a clause for arbitration and as such the suit is not maintainable. Upon hearing both the parties, the learned Trial Judge has allowed the application under Section 8 of the said Act. Being aggrieved by this order, the plaintiffs have come up with this revisional application.

(3.) The point involved in this revisional application is whether the impugned order should be sustained.