1 S.B.CIVIL FIRST APPEAL NO.664/2007. Vijay Kumar alias Manju. VERSUS Raghunandan Sharma alias Babu Ram and Others. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL FIRST APPEAL NO.664/2007. Vijay Kumar alias Manju. VERSUS Raghunandan Sharma alias Babu Ram and Others. 12.03.2010. HON'BLE MR.JUSTICE DALIP SINGH Mr.A.K.Bhandari, Senior Counsel assisted by Mr.Kinshuk Jain, for the appellant. Mr.Anupam Agarwal, for the respondents. ***** An application No.5690 dated 04.03.2010 has been filed by the appellant stating therein that the present appeal has been preferred against the judgment and decree dated 19.09.2001 whereby the learned trial court had rejected the plaint under Order 7 Rule 11 C.P.C. holding that the suit was not maintainable in view of the fact that there was an arbitration agreement between the parties. It has further been stated that the controversy with regard to the aforesaid arbitration agreement has been settled by the Hon'ble Supreme Court in Civil Appeal No.89/2010 [Vijay Kumar Vs. Raghunandan Sharma and Others] vide judgment dated 05.01.2010 wherein the Hon'ble Supreme Court has held that ther is no arbitration agreement between the parties. In view of the above, learned counsel for the 2 S.B.CIVIL FIRST APPEAL NO.664/2007. Vijay Kumar alias Manju. VERSUS Raghunandan Sharma alias Babu Ram and Others. appellant submits that the impugned judgment and decree by which the plaint was ordered to be rejected on account of the arbitration agreement deserves to be set aside and the matter may be remanded to the learned trial court for decision on merits. This fact is not disputed by the learned counsel for the respondents as the respondents have also filed similar application No.5826 dated 05.03.2010 for compliance of the aforesaid judgment passed by the Hon'ble Supreme Court. In view of the above, both the applications stand allowed. The impugned judgment and decree dated 19.09.2007 passed by the learned Additional District Judge No.2, Jaipur City, Jaipur in Civil Suit No.53/2007 is set aside and the matter is remanded to the learned trial court for decision afresh. The learned trial court is directed to restore the aforesaid Civil Suit to its original number and decide the same in accordance with law. Consequently, the appeal and both the applications stand allowed. The stay application stands disposed of. The Registry is directed to return the record to the learned trial court. (DALIP SINGH),J. Solanki DS, Jr.P.A.