JUDGMENT :

Bivas Pattanayak, J.

1. This Civil Revisional Application is filed by the petitioner-plaintiff under Article 227 of the Constitution of India challenging Order No. 10 dated 18th January, 2023 passed by the learned Civil Judge (Junior Division)-I at Port Blair in Other Suit No. 17 of 2022 allowing the application of the opposite party-defendant under Section 8 (1) of the Arbitration and Conciliation Act, 1996.

2. The brief fact of the case is that the plaintiff-petitioner filed a suit for declaration and permanent injunction claiming declaration in the form of a decree declaring the opposite party-defendant as not a partner in the firm under the name and style of “Havelock Dive Club” which is registered as Other Suit No. 17 of 2022. The opposite party-defendant entered appearance in the suit and filed an application under Section 8 (1) of the Arbitration and Conciliation Act, 1996 praying for referring the matter in dispute between the parties to arbitration on the basis of valid arbitration agreement existing between them contained in the deed of partnership. Upon hearing and considering the materials on record, the learned Trial Court allowed such prayer of the opposite pa