Judgment

RAMASWAMI, J.: This appeal is brought by special leave against the judgment of the Punjab High Court in Civil Revision No. 438-D of 1964 by which the revision petition of the appellant against the order of Shri D. R. Khanna, Subordinate Judge, lst Class, Delhi dated 20th April 1964 in Suit No. 128 of 1963 was dismissed in limine. Suit No. 128 of 1963 was an application by the Union of India under Sections 5, 12 (2), 31 (3), 32 and 33 of the Arbitration Act, 1940 for obtaining a declaration that the reference of the claim of the respondent firm in respect of excess quantity of timber alleged to have been delivered and certain other matters was not covered by the arbitration agreement and for leave to revoke the authority of the Arbitrators and the Umpire. The petition was rejected by the Subordinate Judge by his order dated 20th April, 1964.

2. By a savingram dated 21st December, 1953 the Union of India (hereinafter called the appellant) entered into a contract of purchase of 1,01,750 cubic feet of teak logs at Rs. 9/12/- per c. ft. to be delivered F. O. R. Halisahaar and Lillooah, both in West Bengal near Calcutta. The consignee was the District Controller of Stores, Eastern