JUDGMENT

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.

4. The application was contested by the appellant, however, the trial court while referring to the provisions of Section 8 of the Arbitration & Conciliation Act, 1996, ('the Act') came to the conclusion that as there was arbitration agreement between the parties, the plaint was liable to be rejected under Order VII Rule 11 (d) CPC.

5. Feeling aggrieved the appellant filed first appeal.

6. The first appellate court, reiterating the findings recorded by the trial court, rejected the appeal.

7. Learned couns