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GOVERNMENT OF THE N.-W.F.P. versus KHALID KHAN


Articles 34 and 39 of the Civil Procedure Code (v. 1908), O. VII, suit for the recovery of the amount of R 2 arbitration, against the plaintiff's government and others for filing a lawsuit to recover the money on the case. Due to which they have to suffer losses. The unauthorized sale of their plants and the amount of the plaintiffs were abused by the defendants, but they did not submit a written statement and after the adjournment they filed a petition to send the matter to arbitration pursuant to the agreement between the parties. The arbitration of the petition filed was primarily excluded on the basis that the defendants who had filed the petition, had taken action in the proceedings and had not submitted the request immediately, the respondents were required to submit a written statement. The request was made and was subject to the actions taken by the defendants R was given them. They were relieved of their rights to make such a request. Defendants had every opportunity to submit an application for stay of proceedings before submitting such petitions because they knew of the case and were against them. The previous order was praying for the defendants to be promptly in mind and could submit an application under section 34. The appeal against the subsequent order, without merit, was dismissed without the request to postpone the filing of a written statement in the earliest Arbitration Act, 1940

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