DAULAT RAM RALA RAM Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THIS is an appeal against an order of Senior Subordinate Judge 1st Class, ludhiana, under Section 34 of the Indian Arbitration Act, staying the suit brought by Daulat Ram appellant against the State of Punjab, the respondent.

(2.) DAULAT Ram instituted the suit for recovery of Rs. 8,000/- on the allegations that he had contracted to carry out certain works for the Irrigation Department in the Gray Canal Circle, for which in addition to other charges he was to be paid Rs. 2/- per thousand cubic feet as wetness allowance, and that the defendant without his consent reduced the contracted allowance to Re. 1/8/-per thousand cubic feet and deducted the amount of Rs. 5,081/- and Rs. 1,422/-from his further bills as excess past payments and withheld the payment of Rs. 1,497/- The action of the defendant was challenged as illegal and without authority. The suit was instituted on 4th April, 1955. On 7th April, 1956, Summons for the appearance of defendant, on 10th June, 1955, was directed to issue. On that date, counsel for the defendant made a statement that his client wanted to present an application under Section 34 of the Arbitration Act and since the relevant records had not been received from the Department concerned he prayed for an adjournment. The Court thereupon made the following order:-"for written-statement of the defendant or application under Section 34 Arbitration Act, the case to come up on 1st July, 1955".

(3.) ON all these points, the learned Subordinate Judge found against the plaintiff and accepting the application directed the suit to be stayed. The plaintiff has come in appeal against this order.