Revision of Order for Arbitration after elaps of 10 months

Querist : Anonymous (Querist) 13 November 2010 This query is : Resolved
Sir,

I am dealing a case, in which the civil court ( Sr. Div) reject the application of Arbitration in the suit for specific performance of contract on the sole ground that the court has no jurisdiction and only a principal civil court has jurisdiction. it is pertinent to state here that it was the court where above suit was filed. that the lower court counsel does not disclosed the fact of status of arbitration application and it was come to the knowledge of defendant when he visited the advocate chamber on occasion of diwali. what is the possibility of the revision or appeal before H.C. even after laps of more than 10 months.

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adv. rajeev ( rajoo ) (Expert) 13 November 2010
If there is any arbitration clause in the Agreement then civil court jurisdiction will be ousted.
What is the valuation of the suit property. Jurisdiction depends on the valuation of the suit property

Devajyoti Barman (Expert) 13 November 2010
The lower court has rightly passed the order as it not only lacks the jurisdiction but lacks competence also. Only the District Judge has power to deal with Arbitration cases for matters pertaining to u/s 9, 34 of the Act. For appointment of arbitrator and other thing you have to approach the High Court.
There is no point in challenging the order of the Civil Judge before the higher court.
Valuation of the property has nothing to do with the arbitration cases.

Debasish Hota (Expert) 13 November 2010
Sec.89 of the CPC Deals with the matter of arbitration.Regarding delay, you knows better how to deal the problem onthe facts.