RAMAN AGARWAL Vs. SADHURAM AGARWAL

JUDGEMENT

(1.) The instant revision petition is filed by the Petitioner Sri Raman Agarwal under Section 115 of the Code of Civil Procedure (for short, hereinafter referred to as 'Code of Civil Procedure') challenging the order dated 5-11-2009 passed by the learned Munsiff No. 1, Tinsukia in Misc. (J) case No. 93 of 2009 arising out of Title Suit No. 28 of 2009 whereby and whereunder the application filed by the Petitioner under Section 8 of the Arbitration and Conciliation Act, 1996 (for short, hereinafter referred to as 'Act') has been rejected on the ground that the Defendant No. 2, proforma opposite party No. 2 herein, who has been arrayed in the Title Suit No. 28 of 2009, is not a party in the Arbitration Agreement for which the matter cannot be referred to arbitration on the basis of the Arbitration agreement.

(2.) Heard Mr. G.N. Sahewalla, learned senior Counsel assisted by Ms. K. Borah, learned Counsel appearing for the Petitioner and Mr. B. C. Das, learned senior Counsel appearing for the opposite parties.

(3.) The brief facts needed for disposal of the instant revision petition are as follows: