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1974 Supreme(All) 36

G. C. MATHUR
Queens College Kanetra – Appellant
Versus
TheCollector, Varanasi – Respondent


Advocates:
R.M. Singh, for Applicant.

Judgement

ORDER :- The applicants filed a suit against the opposite parties in the court of the Civil Judge, Varanasi. On the application of the plaintiffs, an ex parte ad interim injunction was issued against the defendants. When the defendants appeared, they moved an application under Section 34 of the Arbitration Act for staying the hearing of the suit as there was a binding agreement between the parties to refer the dispute to arbitration. This application was allowed on January 14, 1972, Thereafter the defendants moved an application that the ex parte ad interim injunction be vacated. The plaintiffs raised an objection that, after the stay of the hearing of the suit under Section 34 of the Arbitration Act, the court had no jurisdiction to hear the injunction matter. By its order dated May 6, 1972, the trial Court held that the injunction matter could be disposed of by it and fixed May 20, 1972, for its disposal. Against this order, the plaintiffs filed a revision before the District Judge, Varanasi. The District Judge rejected the revision summarily, holding that the order of the trial court did not amount to a case decided and that the stay of a suit did not divest the trial c













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