PRAHLAD NATH Vs. SUNDER NATH @ SAMUNDRA NATH

JUDGEMENT

(1.) This appeal is directed against judgment and decree dated 01.06.2019 passed by the Additional District Judge No.2, Bhilwara, whereby, the appeal filed by the appellant against judgment and decree dated 01.03.2019 passed by Civil Judge Mandal, District-Bhilwara, has been dismissed.

(2.) The plaintiff filed the suit for injunction against respondents Sunder Nath and Banshi Nath alongwith the Mining Department.

(3.) On filing of the suit, an application under Order VII Rule 11 CPC was filed inter alia indicating that as there is arbitration agreement between the parties in the partnership deed, the suit was barred and plaint was liable to be rejected under Order VII Rule 11 (d) CPC.