JUDGMENT

This revision petition is filed against the Order in I.A. No. 2694 of 2016 of the III^rd Addl. Sub Court, Kozhikode, by which the Sub Court, Kozhikode, refused to refer the dispute in the suit to an Arbitrator.

2. The respondent/plaintiff filed a suit for realization of a sum of Rs. 45,81,000/-. The petitioners entered appearance and filed an application under Section 8 of the Arbitration and Conciliation Act, 1996, pointing out that as per the agreement dated 24.07.2015, any further dispute shall be subject to the decision of the Arbitrator and, therefore, the suit cannot be maintainable. The plaintiff on the other hand contended that there is no agreement between the parties to refer the dispute to Arbitrator. It was also pointed out that the original agreement between the parties on 20.01.2012 did not contain a clause for arbitration and the arbitration clause was subsequently inserted in the measurement book. Even assuming that the said agreement was valid, inasmuch as the agreement did not mention that the dispute could