Kapur, J.

1. This is an appeal brought by the Union of India against an order passed under Section 34 of the Indian Arbitration Act refusing to stay the suit which .was brought by the plaintiff Din Dayal Kapur for the recovery of Rs. 14,420/- on the 12th June 1950.

2. On the 25th October 1950, the Government Pleader on behalf of the Union made an application under Section 34 of the Arbitration Act for stay of proceedings alleging that the Union was always ready and willing to do everything necessary for the proper conduct of arbitration. To this the plaintiff took objection and stated in his reply dated the 15th November 1950 that the arbitration clause was void for uncertainty, that the claims of the plaintiff were outside the arbitration clause, that the Superintending Engineer and the Executive Engineer were guilty of fraud inasmuch as they altered the terms of the contract and that the Union had repudiated the contract.

3. On the 5th July 1943, the plaintiff had submitted a tender which is marked Exhibit D. 2. To this was attached a schedule giving the rates at which the plaintiff offered to do the job which was re-roofing of the hospital. The Executive Engineer to whom