On October 1 1966 the District.
Appeal by special leave from the judgment and order dated February 10, 1971 of the Allahabad High Court in F.A. from Order No.
On September 2, 1966 the said companynsel filed an appearance slip in the companyrt and also put in a formal application praying for one months time for the purpose of filing written statement.
In that case the branch office of the de A.I.R. 1953 H. P. 75 A.I.R. 1957 Punjab 223.
1701 of 1971.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The, Judgment of the Court was delivered by DUA J. In this appeal by special leave the State of U.P. and the Divisional Forest Officer, Bijnor defendants in the trial companyrt in the plaintiff respondents suit challenge the judgment and order of a learned Single Judge of the Allahabad High Court, allowing the plaintiff respondents appeal and setting aside the order of the trial companyrt staying the suit under s. 34 of the Arbitration Act.
Mohan Behari Lal, for the respondents.
69,556.27 by way of damages for breach of companytract impleading the, State of U.P. through the Collector of Bijnor as the first defendant and the Divisional Forest Officer, Bijnor as the second defendant.
This prayer was granted.
The summons in the suit issued to the State of U.P. were served on the District Government Counsel.
of the Punjab High Court.
Government companynsel filed an application under s. 34 of the Arbitration Act pleading that there was an arbitration clause In the agreement between the parties to the suit and the State of P. being willing to refer the matter to arbitration tie suit should be stayed.
N. Dikshit and O. P. Rana, for the appellants.
The plaintiffs had instituted a suit for the recovery of Rs.
R. 1955 Notes on Unreported Cases Punjab 4917 Delhi 4 L944SupCI/73 fendant companypany had only received the summons of the suit filed by the plaintiff, a day previous to the date of appearance.
187 of 1967.
