BALBIR GOEL Vs. AJAY GOEL

JUDGEMENT

(1.) This is an application for placing on record the list of documents produced before the trial Court by the plaintiff/present respondent i.e. Annexure P-7 and the certified copy of Partnership Deed i.e. Annexure P-2. For the reasons mentioned in the application, the same is allowed. The documents are taken on record as Annexures P-2 and P-7. Main Case

(2.) It is submitted by the counsel for the petitioners that the application filed by the petitioners under Order 7 Rule 11 of CPC has wrongly been dismissed by the trial Court by taking recourse to the law relating to the arbitration. The counsel has further submitted that the application was filed under the provisions of CPC, therefore, the same should have been decided with reference to the law relating to the provisions as contained in Order 7 Rule 11 CPC. Hence, the order passed by the trial Court is illegal.

(3.) Having heard the counsel for the petitioners and having perused the case file, this Court does not find any substance in the argument of the counsel for the petitioners. Order 7 Rule 11 CPC contemplates the rejection of the plaint on the ground of non-disclosure of cause of action, bar against the suit or for non-payment of appropriate Court fees. In the application moved by the petitioners, none of these situations are claimed to be existing in the present case. A bare perusal of the application filed by the petitioners before the trial Court shows that they have not even pleaded that the cause of action is not disclosed in the plaint. Rather, their entire emphasis is that the subject-matter involved in the suit was referable to the arbitration, therefore, the suit be dismissed.