IN THE HIGH COURT OF JUDICATURE AT PATNA FA No.641 of 1993 STATE OF BIHAR & ORS Versus SRI JANAK DHARI SINGH For the Appellants: Mr. P.N. Shahi, AAG-14, Mr. Dhirendra Kumar, A.C. to AAG-14. For the Respondent: Mr. Ashok Kumar, Advocate. ----------- 26. 20.04.2011 This appeal has been pressed only on the ground that the suit was not maintainable in view of there being arbitration clause which was specifically pleaded and no issue was framed and during the pendency of the suit of the plaintiff, the prayer for appointment of arbitrators in the suit under Section 20 was pending before the Court. Despite this fact the trial-court proceeded and decreed the suit. Hence the appeal. Section 32 of the Old Arbitration Act specially barred the filing of the suit where there is an agreement clause in the contract. Section 9 of the C.P.C. itself provides that suit shall be entertained only when it is barred expressly or impliedly. Thus, the judgment and decree passed by the trial-court suffers from manifest error of law and cannot be sustained. Accordingly, the judgment and decree of the trial- court is set aside, suit is dismissed and appeal is allowed. No order as to costs. Mkr. (Prakash Chandra Verma, J.)