ORDER :

The Civil Revision Petition has been filed by the revision petitioner to set aside the order, dated 11.02.2021 passed by the learned Principal District Judge, Theni, in I.A.No.1 of 2020 in O.S.No.21 of 2017 and consequently strike off the plaint in the said suit.

2. The respondent herein/plaintiff has filed a suit in O.S.No.21 of 2017, on the file of the Principal District Court, Theni, against the revision petitioner/defendant for the relief of declaration to declare that the partnership deed of PRV properties was dissolved in pursuance of notice, dated 03.03.2017 sent by the respondent herein/plaintiff and for other reliefs.

3. The revision petitioner/defendant has filed a petition in I.A. No.1 of 2020 in O.S.No.21 of 2017, under Order 7 Rule 11 of Civil Procedure Code, seeking to reject the plaint and the same was dismissed on 11.02.2021. Aggrieved over the same, the instant Civil Revision Petition is filed.

4. Heard Mr.Issac Mohanlal, learned Senior Advocate for Issac Chambers, appearing for the revision petitioner and Mr.M.A.M.Raja, learned counsel appearing for the respondent. Perused the material documents available on record.

5. The revision petitioner/defendant has filed this Civil Revision Petition to strike off the plaint in O.S.No.21 of 2017 and to set aside the Order, dated 11.02.2021 passed by the learned Principal District Judge, Theni, in I.A.No.1 of 2020 in O.S.No.21 of 2017.

6. The respondent/respondent/plaintiff has filed the suit in O.S.No. 21 of 2017 for the following reliefs:

(i) to declare that the partnership deed or PRV properties was dissolved in pursuance of notice dated 03.03.2017 sent by the plaintiff to the defendant;

(ii) to direct the defendant to render the true and proper accounts in respect of the said partnership deed in respect of all transaction including sale and purchase of properties;

(iii) to pass a preliminary decree for partition in respect of the allotment of half share of the plaint schedule properties after deleting the properties sold by the defendant; and

(iv) to pass decree for permanent injunction restraining the defendant from any way alienating and encumbering the plaint schedule properties by suppressing the dissolution of partnership deed or by the plaintiff to the defendant with effect from the date of receipt of the notice on 04.03.2017.

7. The revision petitioner/defendant has filed a petition in I.A.No.1 of 2020 in O.S.No.21 of 2017, under Order 7 Rule 11 of Civil Procedure Code, to reject the plaint on the ground that the Civil Court has no jurisdiction by virtue of specific clause in the partnership deed, the parties have to work out their remedy only before Arbitration forum. Already the parties have availed remedy before the Arbitration forum.

8. In support of his case, the learned counsel appearing for the revision petitioner relied upon the following rulings.

(i). 2007(3) Supreme Court Cases 686, Agri Gold Exims Ltd. Vs. Sri Lakshmi Knits & Wovens and Others.

(ii). (2003)6 Supreme Court Cases 503, Hindustan Petroleum Corporation Ltd. Vs. Pinkcity Midway Petroleums.

(iii) 2013 SCC Online Mad 271, M/s.Diamond Jewel and another one Vs. T.R.C.Muralidharan Partner and another one.

(iv) (2012)2 Supreme Court Cases 93, Reva Electric Car Company Private Limited Vs. Green Mobil.

(v) Order in Special Leave to Appeal (C) No.25730 of 2019, The State of Bihar Vs. M/s.Bhaibhaw Construction Pvt. Ltd.

(vi)(2018) 16 Supreme Court Cases 299, Asian Resurfacing of Road Agency Private Limited and Another Vs. Central Bureau of Investigation.

9. The respondent herein/plaintiff has filed counter in I.A.No.1 of 2020 and stated that already he has filed a suit in O.S.No.1 of 2016 on the file of the District Munsif Court, Periyakulam. As per the direction of this Court, she has filed a claim petition before the Arbitrator in C.P.No.145 of 2019 the same was dismissed as barred by limitation. The respondent herein has filed Ar.O.P.No.32 of 2020 and the petition is still pending.

10. But, now partnershi