JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 23.07.2018 passed by the learned Civil Judge (Senior Division), Bhubaneswar in C.S. No.1737 of 2017 whereby learned trial court allowed the application filed by the defendant under Sec. 8 of the Arbitration and Conciliation Act, 1996 ('the Act') and referred the matter to the arbitrator.

2. The dispute lies in a very narrow compass. The facts need not be recounted in detail. Suffice it to say that the plaintiff-petitioner instituted a suit for eviction of the defendant. There was a house rent agreement between the parties. Defendant entered contest and filed a written statement. While the matter stood thus, defendant filed an application under Sec. 8 of the Act stating that there was a stipulation in the house rent agreement that in case dispute arises between the parties, the same shall be referred to the arbitrator. The plaintiff filed an objection. The Learned trial judge allowed the application.

3. Heard Mr. Rajjeet Roy, learned counsel for the petitioner. None appears for the opposite party in spite of valid service of notice.

4. The seminal question that hinges for consideration of this Court is whether the arbitrat