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DWARKADHISH BANSAL
Nawab Raza – Appellant
Versus
Usman Khan – Respondent
ORDER
1. Heard on I.A. No. 22910/2025, which is an application/objection to the maintainability of miscellaneous appeal filed under Order 43 Rule 1(u) CPC.
2. Learned counsel for the respondent 1/plaintiff submits that a suit was filed on 20.5.2024 by the respondent 1/plaintiff for declaration of title, permanent injunction and for cancellation of amended partnership deed and upon service of summons of plaint, the appellants/defendants 1-2 instead of filing written statement, filed an application under Section 8 of the Arbitration and Conciliation Act, 1996 (in short ‘the Act of 1996’) r\w Order 7 rule 11 CPC with the contentions that there being an arbitration clause, the suit before civil Court is not maintainable, which was opposed by the plaintiff, but after hearing the parties, trial Court vide final order dtd.13.9.2024 rejected the plaint in the light of section 8 of the Act of 1996. Against which regular civil appeal was preferred by the plaintiff which by the impugned judgment and decree dtd.17.4.2025 was allowed by setting aside the order dtd.13.9.2024 and suit was remanded to the trial Court with the further direction to restore it to its original number and to decide on m
A miscellaneous appeal lies against rejection of an application under Order 9 Rule 9 CPC; writ under Article 227 is not maintainable due to the statutory remedy.
An appeal can be converted into a Civil Revision Petition when it contests the maintainability of an order under the Arbitration Act and CPC provisions.
Granting or refusing to grant any measure and set aside an arbitral award - No final adjudication of Section 9 application nor does impugned order finally decide same - Decision in application under ....
The main legal point established in the judgment is that appeal is a statutory right and must be explicitly provided for in a statute. The judgment also emphasizes the principles governing a suit und....
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