JUDGEMENT :- This is an appeal against the order in Appln. No.941 of 1980 in C.S. No.333 of 1978, dismissing the application for stay of the suit under S.34 of the Arbitration Act.

2. The summons in the suit was served on the defendant on 18-9-1979. The summons stated that if the defendant intended to defend the suit, he must cause an appearance to be entered on his behalf and file in the court a written statement stating the grounds of his defence 'within two weeks after service of this summons' upon the defendant in which case the suit will be entered in the general list of causes. The written statement should, therefore, have been filed on or before 2-10-79. The defendant neither entered appearance nor filed any written statement within the period prescribed under the summons, but it filed a vakalat in the suit along with Appln. No.941 of 1980 on 16-11-1979 praying for stay of the suit on the ground that there is an arbitration agreement between the parties in respect of the claim in the suit. The plaintiff resisted this application on two grounds: Firstly it was contended that the application should have been filed within two weeks of service of summons, that is, on or