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(1949) 2 MLJ 239 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : Mr. Justice Satyanarayana Rao, J.
Case Number(s) : A.A.O. No. 481 of 1947.
Judgement Date :
Friday 22nd of April 1949
| C.M. Mathu Kutty | .....Appellant(s) | | Versus | | | Varee Kutty | .....Respondent(s) |
Arbitration Act (X of 1940), sections 34 and 33 — Application for stay of suit alleging existence of arbitration agreement — Other party pleading agreement to be unenforceable by reason of fraud, undue influence and coercion — Duty of Court to try that question in that proceeding itself — Other side, if bound to apply under section 33 of the Act — Relative scope of sections 33 and 34.
Cases Referred
Bhagwandas v. Atmasing A.I.R. 1946 Bom. 494
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