Can the non-production of the arbitration agreement or copy affect the prayer under section 8 of the Arbitration and conciliation Act? Is section 8(2) mandatory in the sense that even innocuous non compliance must entail rejection of the claim under section 8? These are the questions that arise for consideration.

2. The petitioner is the plaintiff in a suit for recovery of money from the respondents - Southern Railway and its officials. The petitioner had entered into an agreement/contract with the respondents defendants. In that agreement there is an incorporation by reference of the General conditions of contract of the Indian Railways and Clause 64 of the said general conditions curtains a stipulation for arbitration. On receipt of the summons in the suit the respondents entered appearance and filled a written statement dated 09-02-98. In the written statement a plea regarding stipulation for arbitration was raised specifically. In the last para of the written statement the prayers were summorised in the following words:

"Hence it is prayed that the reliefs made in defendants and further it is also prayed that the reliefs sought for by the plaintiff and the counter-cla