LAWS(ALL)-1955-5-10

STATE OF UTTAR PRADESH Vs. ABDUL AZIZ

Decided On May 06, 1955
STATE OF UTTAR PRADESH Appellant
V/S
ABDUL AZIZ Respondents

JUDGEMENT

(1.) THIS is in form an appeal from an order of the learned Civil Judge of Rae Bareli dated 15-4-1953.

(2.) ON 29-5-1952. the first respondent filed a suit against the State Government, the Assistant engineer, Public Works Department, and two other persons. His principal claim in this suit was for the recovery of a substantial sum of money from the State Government as damages for the alleged breach of a contract entered into by him with the State Government on 25-2-1948, where under he was to supply 50,000 C. ft. of Kanpur lime to the Government at a certain price. The other reliefs sought by the plaintiff were not related to the claim founded on the alleged breach of the contract dated 25-2-1948, and with these reliefs we are not now directly concerned.

(3.) THE learned Civil Judge left undecided the question whether the arbitration clause applied to the dispute between the parties; his order of 31-3-1954, concluded as follows: