Biren Vaishnav, J.

The present petition, under Article 227 of the Constitution of India, has been filed by the original defendants no. 1 to 3 - petitioners herein. The petitioners have challenged the order below Ex. 23 dated 05.05.2016 passed by the learned Principal Civil Judge, Bharuch in Regular Civil Suit No. 152 of 2015. By the aforesaid order, the application of the petitioners filed under Section 8(2) of the Arbitration and Conciliation Act, 1996 (for short "the Act") praying that the subject matter of the suit be referred to the Arbitrator was rejected.

2. The facts in brief are as under:

2.1 The respondent no. 1 was the original plaintiff who had filed Regular Civil Suit No. 152 of 2015 (Special Civil Suit No. 113 of 2013) before the learned Senior Civil Judge, Bharuch.

It was the case of the plaintiff (respondent no. 1 herein) that he and the petitioners were partners. They were carrying out an enterprise in the name of M/s. Gajanand Enterprise. The partnership was entered into by a partnership deed dated 01.08.1997. The partnership was mainly carrying out the business of dealing in purchase of lands, plotting of such lands, carrying out construction on such plots and