Chhangani, J.—This is a defendants appeal under sec. 39(1)(v) of the Indian Arbitration Act (Act No. X of 1940) (hereinafter referred to as the Act), against the order dated 9th of March, 1956 of the Senior Civil Judge, Churu rejecting the application of the defendants under sec. 34 of the Act.

2. The plaintiff Fatehchand son of Champalal of Churu instituted a suit in the court of the Civil Judge, Churu on 1st of March, 1955 against defendant Joharimal and 10 others for recovery of Rs. 32,500/- : Rs. 27,780/11/6 as principal and Rs. 4,719/4/6 as interest. Chainrup and Sohanlal were impleaded as proforma defendants Nos. 12 and 13. It is not necessary to set out the case of the plaintiff for the disposal of this appeal. The suit was registered on 2nd March, 1955 and 26th March, 1955 was fixed for the settlement of issues. On this date, Shri Vishambhar Dayal and Shri Manoharlal, advocates, presented their Vakalatnama on behalf of Joharimal, defendant No. 1 and appeared for him. The other defendants could not be served and, therefore, the case was adjourned to 17th May, 1955. The plaintiff of course on this date applied for making some clerical amendments in the plaint which were oppose

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