STATE OF KERALA Vs. RAJAN

JUDGEMENT

(1.) THE defendants in O. S. (Arb.) No. 14/1985 in the court of the Subordinate Judge, Thiruvananthapuram, are the appellants.

(2.) HE appeal is directed against tHE judgment disposing of tHE suit. THE operative portion of tHE judgment reads:- "in tHE result tHE disputes and differences made mention of in para. 10 of tHE plaint are HEreby ordered to be referred to an arbitrator for arbitration. . . . ".

(3.) THE appellants in the written statement inter alia contended that the suit was barred by limitation. If this contention is accepted it is unnecessary to go into the other question namely whether there exists any dispute that requires to be referred for arbitration. THE question arising for consideration therefore is, whether the suit under S. 20 is barred by limitation.