R.L.ANAND,J - (1.) THIS is a Civil revision and has been directed against the order dated 21.10.1998 passed by the Court of District Judge, Sangrur, who, dismissed the appeal of the petitioner by affirming the order dated 15.6.1996 passed by the Additional Civil Judge, who, allowed the application of the defendant under Section 34 of the Indian Arbitration Act.
(2.) KUMAR Rice Mills filed a suit for declaration that order dated 31.10.1995 was illegal and against the principles of natural justice and the plaintiffs also prayed for a decree for permanent injunction restraining the defendants from recovering any amount under the garb of the said order and decree for mandatory injunction was also prayed for seeking direction against the defendants for the release of the amount of Rs. 22,59,000/-. This suit was instituted on 17.11.1995 and was entrusted to the Court of Additional Senior Sub Judge, Sangrur who passed the following order :- " Present : Counsel for the plaintiff. Case received by entrustment. Officer report seen. It be registered. Defendants be summoned on process-fee registered cover for 31.1.1996 as well notice of the application under Order 39 Rules 1 and 2 C.P.C. be also issued for 23.11.1995 on payment of process- fee. Dasti process be also issued for effecting the service of the respondent. This application will be disposed of after hearing the respondents. Sd/- ASSJ, Sangrur 17.11.1995"
(3.) THEREAFTER on 23.11.1995 Shri K.R. Aggarwal, Advocate, appeared on behalf of the defendants-respondents and filed the vakalatnama and the case was adjourned to 27.11.1995 for reply. On 27.11.1995 the lawyer was not available and reply to the application was also not filed and the case was adjourned to 1.12.1995 for filing reply. On that date also the reply was not filed and the case was adjourned to 8.12.1995 for filing reply subject to payment of Rs. 15/- as costs. On that day i.e. 8.12.1995, again reply was not filed. Adjournment was requested on behalf of the defendant and in the interest of justice the same was granted and the case was adjourned to 12.12.1995. On 12.12.1995, the application under Section 34 of the Indian Arbitration Act was filed but the reply to the stay application was not filed.;