Mr. Raj Mohan Singh, J.: - Present revision petition has been filed by the petitioner against the order dated 04.08.2016 passed by Civil Judge (Sr. Divn.) Ludhiana whereby prayer of the petitioner/defendant for trying the issue No.3 relating to arbitration clause as preliminary issue was declined.

2. Issue No.3 was to the following effect:- “Whether the present suit is liable to be dismissed as premature in the view of Arbitration Agreement? OPD”.

3. Admittedly, there was an agreement having arbitration clause. Brief facts are that a suit for mandatory injunction was filed by the plaintiff directing the defendant to complete the pending jobs as per non-compliance report dated 19.08.2013 and to replace the substandard material supplied by the defendant instead of material agreed in the Purchase Orders. Suit for recovery of damages in the context of non-compliance by the defendant was also sought. Evidently, none of the parties has resorted to Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter to be referred as ‘the Act’).

4. Defendant/petitioner while filing written statement has taken the objection with regard to the suit being premature on the ground of non