UNION OF INDIA UOI Vs. GIRISH CHANDRA

JUDGEMENT

(1.) THIS is an application for revision of an order passed by the learned Judge, Small Cause Court, lucknow. The material-facts lie within a short compass :

(2.) A suit for recovery of rent for certain premises was instituted by Shekhar Chandra Jain against the Union of India, Defence Department. Shekhar Chandra Jain died during the pendency of the suit and the names of his legal representatives were substituted in his place on the record. The suit was instituted on 13th May 1950. 18th August 1950 was fixed for final disposal of the case. On that day the Additional Government Pleader for the U. P. Government appeared before the court and prayed for an adjournment. The application made by him stated that as he had not received a copy of the plaint or other papers from the office concerned, he might be granted two months' time for filing the written statement. This application was allowed and time was granted till 13th October 1950. On that day an application was made by the plaintiff inviting the Court's attention to Section34 of the Arbitration Act 10 of 1940. It was contended that as the application for adjournment of the case to enable the defendant to file a written statement made on 18th august 1950, was a step in the proceedings the suit could not be stayed. The matter was argued before the learned Judge. Relying on two cases of this Court, -- 'united Provinces Government v. Sri Har Nath', AIR 1949 All 611 and -- 'roop Kishore v. United Provinces Government, lucknow', AIR 1945 All 24 he held that the proceedings could not be stayed. Dissatisfied with this decision, the present revision application has been filed.

(3.) HAVING heard the learned Counsel for the parties, I am of opinion that the case is covered by the later decision of this Court in -- 'united Provinces Government v. Sri Har Nath', AIR 1949 all 611. Malik C. J. and Mushtaq Ahmad J. referred to a number of cases including that of -' prem Nath Pran Nath v. Amba Parshad', AIR 1941 Lah 64. Their Lordships observed :