( 1 ) QUESTIONS for decision in this appeal from an order of the learned single Judge rejecting the application filed by the appellants under section 34 of the Arbitration Act are: (1) whether the original contract of sale between the parties containing an arbitration clause stood superseded by the subsequent arrangement agreed to between them and (2) whether the appellants have taken part in the proceedings of the suit to disentitle them to the relief under section 34 of the Arbitration Act, 1940.

( 2 ) THE respondent. Bird and Co. (Private) Limited, hereinafter called "the plaintiff", filed a suit for recovery of Rs. 32,14,850. 12 p. with the allegation that during the period between June II, 1968 and December, 24, 1968 the defendants, M/s. Dadri Cement Company and its sole proprietor Shri Ram Krishna Dalmia alias Ram Krishna Harjimull (defendants 1 and 2 respectively) contracted to purchase from them heavy cement bags and between February, 1969 to August, 1969 they despatched to the defendants these bags by rail or truck under railway receipts or truck consignment notes, and along with the railway receipts or the truck consignment notes they sent through the Ce