Allahabad High Court · 2025-08-25
FIRST APPEAL No. 143 of 2025 at Allahabad
- Citation / case number
- FIRST APPEAL No. 143 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- FIRST APPEAL No. 143 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
A.F.R. HIGH COURT OF JUDICATURE AT ALLAHABAD. FIRST APPEAL No. - 143 of 2025 Pramod Kumar Rao @ Munna Singh .....Appellant(s) Versus Legal Head Sahara India Commercial Corporation Ltd. And 2 Others .....Respondent(s) Counsel for Appellant(s) : Ajit Manit Tripathi, Sushil Kumar Mishra Counsel for Respondent(s) : Anuruddh Chaturvedi, Munna Tiwari Court No. - 35 HON'BLE SANDEEP JAIN, J. 1. This first appeal under Section 96 C.P.C. has been filed by the plaintiff- appellant against the impugned judgment and decree dated 24.01.2025 passed by the court of Civil Judge, Senior Division, Gorakhpur in Original Suit No.120 of 2020 (Pramod Kumar vs. Sahara India and others), whereby the application of the defendants under Order 7 Rule 11 C.P.C. has been allowed on the ground that there is an arbitration agreement between the parties and as such, the Court has no jurisdiction to decide the suit. 2. Learned counsel for the plaintiff-appellant submitted that the order impugned is erroneous because the trial court has not applied its mind to the controversy in issue. Learned counsel submitted that the plaintiff is in possession of the disputed property, which has been allotted to the plaintiff by