PRAHLAD NATH Vs. SUNDER NATH @ SAMUNDRA NATH
LAWS(RAJ)-2021-2-192
HIGH COURT OF RAJASTHAN
Decided on February 24,2021

Prahlad Nath Appellant
VERSUS
Sunder Nath @ Samundra Nath Respondents

JUDGEMENT

- (1.) This appeal is directed against judgment and decree dated 01.06.2019 passed by the Additional District Judge No.2, Bhilwara, whereby, the appeal filed by the appellant against judgment and decree dated 01.03.2019 passed by Civil Judge Mandal, District-Bhilwara, has been dismissed.
(2.) The plaintiff filed the suit for injunction against respondents Sunder Nath and Banshi Nath alongwith the Mining Department.
(3.) On filing of the suit, an application under Order VII Rule 11 CPC was filed inter alia indicating that as there is arbitration agreement between the parties in the partnership deed, the suit was barred and plaint was liable to be rejected under Order VII Rule 11 (d) CPC.;


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