( 1 ) THE parties to both these appeals are the same and both these appeals raise common questions of law and fact. I have therefore thought it fit to dispose of both these appeals by this common judgment of mine.

( 2 ) FIRST Appeal No. 341 of 1978 is directed against the decision made by the learned Civil Judge (S D.) of Kutch at Bhuj on 30/11/1971 in Special Civil Suit No. 61 of 1975. First Appeal No. 342 of 1978 is directed against the decision rendered by the same Judge on he same date in Special Civil Suit No. 62 of 1975. The appellant in each case was the plaintiff in the Trial Court in each case. Each suit arose out of an application made by the plaintiff under Section 20 of the Arbitration Act 1940 (`the Act for brief) calling upon the respondents herein as the defendants to file their arbitration agreement and to refer the disputes between the parties to arbitration for their resolution. The plaintiff in Special Civil Suit No. 61 of 1976 had undertaken the contractual work between miles 113 and 125 on Malia Kandia Station of Jhund Kandia (BG) Project. The contract was executed between the parties on 9/09/1967. It appears that the work was completed some ti