( 1 ) IN Special Civil Suit No. 6 of 1974 filed by the respondent-plaintiff against the appellant State of Gujarat challenging an order for recovery of an amount of Rs. 19 686 passed by the Collector an ex-parte injunction was obtained by the plaintiff from the Court restraining the defendant and its servants from making recovery pursuant to that order. The ex-parte injuction along with a notice to show cause why it should not be made absolute was granted with the result that the learned District Government Pleader appeared in the said suit on 16-2-1974 and made an application Exh. 14 for grant of time for filing objections against the application for temporary injunction. The time was granted till 28 on which date he further applied for time. One more application for time was made on 15-3-1974; and thereafter on 31-7-1974 the learned District Government Pleader made application Exh. 2g stating that the agreement dated 19-6-1965 between the parties contained an arbitration clause No. 19 and thereafter the suit should be stayed under sec. 34 of the Indian Arbitration Act 1940 (the Act ). The said clause as 1 find from the order passed by the learned trial Judge under