Pritam Singh Saffer, J.

( 1 ) THIS petition is directed against an order made by the Additional District Judge, Delhi, on the 7th of February, 1966. By that order he dismissed the appeal which had been filed against the order dated the 26th March, 1965, passed by the Sub-Judge, who dealt with an application filed under Order 9 of the Civil Procedure Code.

( 2 ) THE petitioner had filed an application under sections 14. 17. 33, 8, II and 12 of the Arbitration Act, on the 3rd of February. 1964. in tile court of the Senior Sub-Judge, Delhi. The application bearing the verification under the date 27th January, 1964, was filed actually on the date mentioned above. The trial court initiated proceedings on the said application and the respondents came before it. On the 26th of November, 1964, which was the date fixed for the defendants to adduce evidence, the case was called out at 10. 40 a. m. The record bears an order to the effect that nobody was present on behalf of the present petitioners who were the applicants before the court. It may be observed that the application preferred under the Arbitration Act had been registered as a suit. While nobody was present on behalf of the applica

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