STATE OF U P Vs. RAM NATH BANSAL

JUDGEMENT

(1.) 1. This is a revision under Section 115, C. P. C. by the State of Uttar Pradesh defendant against the order dated 24-9-1963 of the Additional Civil Judge of Agra allowing the appeal of Ram Nath Bansal plaintiff and thereby getting aside the order of the Munsif Khalilabad at Agra staying the hearing of the suit under Section 84 of the Arbitration Act.

(2.) THE plaintiff, Ram Nath Bansal, was given the contract of digging ridges after he and also the Conservator or Forest Land Management Circle, U. P. had executed agreements. Disputes arose with regard to the execution of works whereupon the plaintiff instituted the p resent suit against the State of Uttar Pradesh for the recovery of Rs. 3,023 with costs and pendente lite and future interest. Before filing me written statement the State moved an application under Section 34 of the Arbitration Act praying that the hearing of the suit be stayed as there existed a clause for arbitration, the plaintiff had not availed of this remedy and the defendant was throughout willing to such arbitration. THE application was allowed by the Munsif who stayed the hearing of the suit. Ram Nath Bansal went up in appeal before the District Judge and the learned Civil Judge hearing the appeal has set aside the Munsifs order holding that there was no valid arbitration agreement. THE learned Civil Judge directed the trial Court to proceed with the hearing of the suit in accordance with the law.

(3.) THE above clause contemplates two classes of disputes--one in which the decision of the Divisional Forest Officer is final and the other consisting of other disputes in which the decision of the Divisional Forest Officer can be appealed before the Conservator of Forest and the order of the Conservator of Forest is final, meaning thereby binding on the parties. In this revision we are not concerned with disputes falling in the first category and hence it is not necessary to indicate whether the decision of the Divisional Forest Officer, not appealable to the Conservator of Forest, amounts to an award and with regard to such disputes there exists an arbitration agreement necessitating the parties to move the Arbitrator, and not institute a suit before the courts of law in the first instance,