KAN SINGH, J.—This is an appeal by defendants appellants under sec.39 of the Arbitration Act against an order of the District Judge, Bikaner, dated 8-9 67 whereby the learned District Judge dismissed the three identical applications filed by the defendants-appellants for staying the suit filed against them by the plaintiffs-respondents in accordance with sec. 34 of the Arbitration Act. The facts relevant for the purposes of disposing this appeal are briefly these:

Plaintiff-respondent Insaf Ali through his next friend filed a suit against the defendants-appellants for realising Rs. 12,342.50 paise. The plaint was presented in the court of the learned District Judge on 26-7-67 and 25-8 67 was fixed for the filing of the written statement. Summonses were issued by the Court on 5-8-67 and they were served on the defendants on 13-8-67. On 25-8-67, that is, the date of hearing fixed for the filing of the written statement one Shri Sampatlal, Advocate appeared for the defendants and asked for an adjournment for filing the written statement. Accordingly, the learned District Judge adjourned the case to 4-9-67. On this date three applications were moved on behalf of the defendants under sec

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