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1997 Supreme(Pat) 147

M.Y.EQBAL
Executive Engineer, C. P. W. D. – Appellant
Versus
R. L. Singh Civil Engineer – Respondent


Judgment

M.Y.Eqbal, J.

1. These there civil revision applications arise out of an order dated 18.7.1996 passed by learned Sub-Judge I, Patna in Title Suit No. 123 of 1996, Title Suit No. 124 of 1996 and Title Suit No. 125 of 1996 whereby and whereunder learned Court below rejected the petition filed by the defendants-petitioners raising a preliminary objection with regard to maintainability of the suit. Since the party in all the aforesaid suits are same, these there civil revision application are being disposed of by this common order.

2. The plaintiff M/s. R.L. Singh filed the aforementioned three suits under Sec. 8 of the Arbitration and Conciliation Ordinance, 1996 praying therein refer the claims disputes mentioned in Schedule I of the plaint petition to the appointed sole arbitrator Sri T.K. Mishra, Ministry of Urban Development, Calcutta, with a direction to arbitrate and give award. The plaintiffs case, in short, was that the defendants did not refer the disputes and differences sought to be referred for arbitration regarding two important claims which were left out by the defendant No. 2 Notice of the aforesaid suits were issued to the defendants-petitioners who appeared an





















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