WALAITI RAM SETH Vs. KRISHAN KAPUR

JUDGEMENT

(1.) -

(2.) WALAITI Ram Seth. plaintiff in the Court of the Commercial Subordinate Judge, has preferred this revision under secticn 115, Code of Civil Procedure, from the order of the learned Senior Subordinate Judge dated 22/9/1965. allowing the defendents appeal from the order of the trial Court dismissing the defendents application under section 34 of the Indian Arbitration Act. The trial court had declined to stay the proceedings holding that the whole of the subject-matter in dispute in the suit was not covered by the agreement of reference to arbitration and that the defendents had taken steps in the case before applying for stay. It was also observed by the trial Court that the plaintiff had levelled serious allegations of embezzlement and misappropriation which was the subject-matter of proceedings in the Criminal Court and that in such circumstances, it was not proper to refer the dispute to arbitration and it would be more just if the controversy was tried in the ordinary court.