Suman Shyam, J. - (1.) Being aggrieved by the order dated 06.06.2015 passed by the learned Civil Judge No. 3, Kamrup(M), Guwahati rejecting the application filed under Order VII Rule 11 CPC praying for rejection of the plaint, the petitioners/defendants have approached this Court by filing the instant revision petition invoking the jurisdiction of this Court under Article 227 of the Constitution of India.
(2.) The respondent as plaintiff had instituted Title Suit No. 77/2014, inter alia, seeking a declaration that the petitioner No. 1, Indian National Trade Union Congress, Assam Branch and its President as well as the President of the reception committee viz., respondent Nos. 2 and 3 herein, did not have the jurisdiction to call for the triennial session of the said body on 8th of March, 2014. The petitioner Nos. 1, 2 and 3 herein had been impleaded as the defendant Nos. 1, 2 and 3 respectively in the said Title Suit.
(3.) On receipt of summons the defendants had appeared and contested the suit by filing their written statement on 26.03.2014. Thereafter, on 10.09.2014 an application was filed by and on behalf of the defendant No. 1/petitioner No. 1 under Order VII Rule 11 CPC praying for rejection of the plaint on the ground that the suit was barred under Sec. 8 of the Arbitration and Conciliation Act, 1996 due to existence of Clause17(ix) in the constitution of the petitioner No. 1 which mandated resolution of any dispute of the present nature by arbitration by referring the same to the working committee.;