PADMA RAM Vs. BHANWARI DEVI

JUDGEMENT

(1.) THE defendant Padmaram has filed this appeal against the order of the Additional District Judge No. 1, Jodhpur dated September 8, 1976 dismissing his application under Section 34 of the Arbitration Act, 1940 for stay of proceedings in the original suit No. 30 of 1976.

(2.) THE suit was instituted by the plaintiff-respondent Mst. Bhanwari Devi. THE parties are said to be close relatives inasmuch as the daughter of the plaintiff is married to the son of the defendant.

(3.) THERE is yet another aspect of the case. The plaintiff in her plaint alleged that the notice was served on the defendant on April 14, 1976, but the postal acknowledgment receipt filed by the plaintiff along with the plaint does not bear the signature of the defendant. It, therefore, cannot be said with certainty at this stage that the notice issued by the plaintiff was received by the defendant. In this view of the matter no inference of unwillingness on the part of the defendant can be drawn from non-reply to the plaintiff's notice.