JUDGEMENT
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(1.) This application is at the instance of the
plaintiff and is directed against the Order No.31 dated December
2, 2010 passed by the learned Civil Judge (Senior Division), Malda
in other Case No.210 of 2008.
(2.) The petitioner instituted a suit for eviction against the
opposite party in respect of the premises as described in the
schedule of the plaint before the learned Civil Judge (Senior
Division), Malda and the said suit was registered as O.C. No.210
of 2008. The opposite parties entered appearance and filed an
application under Section 8 of the Arbitration and Conciliation
Act, 1996 (henceforth shall be referred as the said Act )
contending, inter alia, that there is a clause for arbitration and
as such the suit is not maintainable. Upon hearing both the
parties, the learned Trial Judge has allowed the application under
Section 8 of the said Act. Being aggrieved by this order, the
plaintiffs have come up with this revisional application.
(3.) The point involved in this revisional application is whether
the impugned order should be sustained.;
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