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KRISHNA RAO
Anupam Ghosh – Appellant
Versus
Sankar Ghosh – Respondent
JUDGMENT :
KRISHNA RAO, J.
1. This application under Article 227 of the Constitution of India has been filed against the judgment and order dated 4th August, 2021 passed by the Learned Additional District Judge, 1st Court, Siliguri in Civil Revision No. 01(1) 0f 2014 by setting aside the order No. 14, dated 26th November, 2013 passed by Learned Civil Judge (Junior Division), Siliguri in Title Suit No. 26 of 2012.
2. The opposite party No. 1 being the tenant of the premises filed a suit against the petitioners herein being Title Suit No. 26 of 2012 before the learned Court of Civil Judge (Junior Division) at Siliguri, inter-alia, praying for a decree declaring that the opposite party no. 1 is a lawful tenant with regard to the suit property and other reliefs.
3. The petitioners filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 before the learned Civil Judge (Junior Division) praying for referring the parties to arbitration in terms of Clause 19 of the partnership deed entered between the parties. The opposite party has filed written objection to the said application.
4. The learned Trial Court by an order dated 26th November, 2013 had allowed the applicat
The mere existence of an arbitration clause does not automatically oust the jurisdiction of civil courts unless explicitly stated in law.
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