JUDGMENT

1. This writ petition (under Article 227 of the Constitution of India) is filed by the petitioner being aggrieved with the order dated 02.12.2021 passed by the learned Commercial Court, Jodhpur (hereinafter to be referred as 'the trial court') whereby, two applications preferred by the petitioner under Sections 65 and 66 of the Indian Evidence Act and under Order 18 Rule 17 C.P.C. respectively have been dismissed.

2. Brief facts of the case are that the respondent herein filed a suit under the provisions of Order 37 C.P.C. for recovery of a sum of Rs.37,71,943/- against the petitioner. After service of summons, the petitioner-defendant put in appearance and filed an application under Section 8(1) of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as 'the Act of 1996') before the Addl. Distt. Judge No.2, Jodhpur Metro (for short 'the court below') for referring the parties to arbitration claiming that there is an arbitration agreement between the parties. The said application was objected by the respondent-plaintiff before the court below, however, the same was dismissed vide order dated 23.08.2018.

3. Being aggrieved with the order dated 23.08.2018 pass