- (1.) Dismissed as withdrawn as prayed for by counsel for the applicant/petitioner.
(2.) In this revision petition filed under Article 227 of the Constitution of India, plaintiffs have assailed order dated 18.4.2011, Annexure P/1 passed by the trial court thereby allowing application Annexure P/2 moved by the defendants under section 8 of the Arbitration and Conciliation Act, 1996 (in short, the Act) and thereby rejecting the plaint Annexure P/5 under Order 7 Rule 11 of the Code of Civil Procedure (in short, CPC).
(3.) Petitioners have filed suit against respondents vide plaint Annexure P/5. Defendants moved application Annexure P/2 under section 8 of the Act alleging that dispute between the parties is liable to be referred to Arbitrator in view of arbitration clause contained in memorandum of family settlement Annexure P/4. Defendants accordingly prayed that the dispute be referred to arbitration by directing the parties to initiate appointment of Arbitrator.;