BACHNA RAM SAWAN RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal from the order of the Subordinate Judge, 1st Class. Hissar, staying the proceedings of a suit on an application made under S. 34 of the Indian arbitration Act, 1940.

(2.) IT appears that the appellant entered into a contract with the Government (Public Works Department) for the excavation of earth in connection with the bhakra-Main Branch in Tohana Division, District Hissar. Later on disputes arose between the parties regarding the payment of the bills and the plaintiff filed a suit on 16-12-1957 for the recovery of Rs. 95,655/- on the allegation that his full dues had not been paid by the Government. This suit was filed the required notice under S. 80, Civil Procedure Code, was given on 19-9-1955.

(3.) ON the pleadings of the parties, the following issues were framed : is the suit liable to be staved under section 34 of the Arbitration Act? was there a valid agreement between the parties to refer the matter to arbitration? relief.