CHITRA PRAKASH FILM EXCHANGE Vs. MOTILAL

JUDGEMENT

(1.) THIS is an appeal by the defendant under sec. 9 of the Arbitration Act.

(2.) A suit was filed by the plaintiff respondent against the defendant appellant and the 1st of March, 1953 was fixed for filing for written-statement. On that date the defendant appellant appeared and asked for time to file the written-statement and time was granted to him. Then 1st of April was fixed for filing the written-statement and on that date again defendant appellant for time for filing the written-statement and the next date fixed was 7th April, 1953. On that date, however, the defendant appellant instead of filing the written-statement filed an application under sec. 34 of the Arbitration Act for stay of proceedings.

(3.) OUR attention has been drawn to another reason given by the court for not staying proceedings. Even if that reason is incorrect, it would not matter, for the defendant by taking steps as we have already indicated, could not make an application under sec. 34, Arbitration Act, at all. His application was, therefore, rightly rejected and there is no force in this appeal. It is hereby dismissed under order XLI, rule 11, C. P. C. .