By the Court.—This appeal has arisen out of the order dated 9.10.2007, passed by the learned Civil Judge, (S.D.), Lucknow in Regular Suit No. 117 of 2007, by which the suit had been dismissed for want of prosecution due to arbitration clause by allowing application Paper No. 10-C, moved by the defendant.

2. Brief facts of the case are that the plaintiff-appellant filed suit for recovery of Rs. 8,60,000/- together with 18 per cent pendente lite and future interest on the grounds inter alia that it is a proprietorship concern; the defendant appointed the plaintiff as sole distributor of medicines in the State of Uttar Pradesh and the plaintiff had agreed to purchase medicines from the defendant and order for supply of medicines were filled; there is a custom in the medicine business that if the medicines are not sold by the whole seller then the manufacturer takes back the medicines supplied by it; this is also a custom that if the purchaser informs the manufacturer in advance that the expiry of certain medicines is coming to an end, then the manufacturer takes back those medicines and either replaces the same or refunds its price. It is mentioned in paragraph No. 9 of the pl