In the presence of an arbitration agreement between the parties to Section 34 Civil Procedure Code (V of 1908), O VII, R 11, the jurisdictional suit suits the plaintiff to dismiss the plaintiff under Order VII, R 11. Had applied for. The application was made to cease proceedings under section 34 of the CPC and the Arbitration Act 1940, the application under section 34 of the Arbitration Act 1940 was dismissed on the ground that the application under OVII, Rule 11 After giving, the defendants cannot apply. Continuation of legal proceedings under section 34 of the Arbitration Act, 1940. To decide whether an act constituted a step in the proceedings, summons were summoned in court or verbal and whether the act indicated that the party was getting rid of it. The decision must be taken without any advertisement, and before the court recognizes the jurisdiction of the court to decide the other side of the dispute. Inform the court in vague terms that it is going to insist on the implementation of the arbitration clause. Defendants will exclude themselves from the protection of Section 34 of the Arbitration Act, 1940, if they have no such authority before filing a written statement. If such a situation is not different then the defendant had taken action in the proceedings under section 34 of the Arbitration Act 1940, hence the trial court rightly rejected his request for stay in the proceedings.
Related judgments — Lahore High Court Lahore, 2013
