ORDER

S.N. Singh, J. - This is a Defendant's appeal in a suit filed for declaration that a decree passed by the Panchayat Adalat on 29-6-64 against the Plaintiff was without jurisdiction and that the Panchayat Adalat had no jurisdiction to refer this matter to arbitrator and that the decision based on the award was invalid because of several grounds mentioned in the plaint. It was further alleged that as soon as the award was sent to the Panchayat Adalat the Panchayat Adalat without giving any opportunity to object the award passed a decree thereon. It was also alleged that as a matter of fact the Plaintiff had never referred any such matter to arbitration.

2. This suit was contested by the defendent Respondent on the ground that the Plaintiff had no cause of action to bring the present suit, that no fraud was practised before the Nyaya Panchayat. It was asserted that the Plaintiff did apply for the reference of the dispute to the arbitrator and he signed the application. It was said that after the decree passed by the Nyay Panchayat a revision was filed, which was dismissed and that the suit was not maintainable and was not cognizable by the civil court.

3. On the pleadings of the pa