JUDGMENT

SABYASACHI MUKHARJI, J.:— This is a petition for leave to appeal against the judgment and order of the High Court of Karnataka dated 26th of May, 1988. By the said judgment the High Court affirmed the order of the learned Civil Judge, Hubli. To appreciate the controversy, a few facts may be necessary.

2. On or about 18th September, 1972 a partnership firm was constituted which included the petitioner and the respondents Nos. 1 to 9 to run a cinema theatre at Hubli in the State of Karnataka. The said firm was reconstituted in August, 1973 for a period of 25 years with one partner retiring from the first firm. In the said reconstituted firm the 1st respondent had 12 paise share. On 8th November, 1980 the 1st respondent had issued a notice calling for dissolution of the firm alleging mismanagement, loss and exclusion from the management. In 1981 the 1st respondent filed a suit in the Court of the Civil Judge, Hubli for (i) dissolution of the firm and (ii) accounts. On 4th November, 1981, the 9th respondent who is defendant No. 7 in the suit filed an application under S. 34 of the Arbitration Act, 1944 (hereinafter, referred to as the Act) for stay of the said suit. The learned