PERMOD KOHLI, J. - (1.) BY invoking the jurisdiction of this Court under Article 227 of the Constitution of India, legality and validity of the order dated 16.4.2007 passed by the Civil Judge (Senior Division), Kurukshetra, has been challenged.
(2.) IN a suit for declaration filed by the petitioner, the consequential relief of permanent injunction has also been sought. The respondents filed an application allegedly under Order 7 Rule 11, of the Code of Civil Procedure, seeking rejection of the plaint on the plea that there exists an Arbitration Agreement between the parties and the matter needs to be referred to and adjudicated upon by the Arbitrator in accordance with the Arbitration Agreement. The trial Court has decided this application vide the impugned order and directed the return of the plaint to the plaintiff-petitioner allegedly in terms of Order 7 Rule 10 of the Code of Civil Procedure having been filed in the Court without jurisdiction.
(3.) I have perused the impugned order and heard learned counsel for the parties. The impugned order is totally misconceived and based upon misconstruction and mis-interpretation of the provisions of the Code of Civil Procedure as also the Arbitration and Conciliation Act.;