( 1 ) THIS judgment will dispose of civil revisions No. 319-D and No. 320-D of 1964.

( 2 ) THE plaintiff-respondent brought a suit in the Court of the Additiol Judge small Causes, Delhi for recovery of Rs. 328-80 np. The defendant transport company made an application under section 34 of the Arbitration Act of 1940 praying that in view of an arbitration clause in the agreement between the parties, the proceedings should be stayed.

( 3 ) THE learned Additional Judge small causes, relying upon an unreported judgment of a learned Single Judge of this Court in Jai Prakash v. Managing Committee of the Minto Road Club, ( 1 ) has held that the provisions of section 34 of the Arbitration Act of 1940 are not attracted to a suit pending in the Court: of Small causes, and consequently he has decined to stay the proceeding. The defendant has come up in revision.

( 4 ) LEARNED counsel for the defendant-petitioner has challenged the correctness of this authority and has cited Basanti Cotton Mills Ltd. v. M/s Dhingra Brothers, (2) and Choteylal Shamlal Cooch Behar Oil M ills Ltd. (3) Both of these authorities appear to support his contention. I have grave doubts regarding the correc