NENURAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a plaintiff's revision application against an order of the Civil Judge, Jodhpur holding that the arbitrator named in the arbitration agreement should again decide the dispute between the parties.

(2.) THE plaintiff is a P. W. D. contractor. He brought the present suit for the recovery of Rs. 3,241!/- against the State. Under cl. 23 of the contract all disputes between the parties were to be referred to the Chief Engineer, P. W. D. Buildings & Roads. THE State filed an application u/s. 34 of the Arbitration Act for the arbitration of the Chief Engineer, who gave an award on 26-3-65. This award was set aside on appeal on 18-5-68 on the ground that the arbitrator was guilty of misconduct. THE appellate court did not pass a specific order superseding the reference as contemplated under section 19 of the Arbitration Act. THE plaintiff then applied to the learned Civil Judge to try his suit. THE defendant took several adjournments for filing a written statement and then applied that the suit should not be tried by the court on account [of the agreement of reference which bad not been superseded. This contention was upheld by the trial court and the Chief Engineer has been directed to decide the dispute between the parties again.