JUDGMENT - Patel, J.

1. The question in this appeal is whether the suit should have been stayed under Section 34 of the Indian Arbitration Act (hereinafter referred to as the Act). A few facts leading to the present appeal are as follows:

The plaintiff and the defendants were partners. The suit was filed by the plaintiff for a declaration that the Firm was dissolved and for taking accounts of the partnership. This suit was filed on January 20, 1969. On the same day the plaintiff made an application for receiver and for injunction, An ex parte order was granted appointing the Court Receiver to take charge of all books of accounts, vouchers, papers etc., connected with the partnership and in possession of the mediator, K.M.D. Thakersey. An interim injunction was also granted, one particular direction being In a mandatory form regarding the continuance of the supply of steam from the boiler to the plaintiff. The papers of the motion and the plaint were served on the defendants on the same day. The certificate of the Prothonotary was served on them on January 27, 1969 which indicated that liberty was reserved to the defendants to move the Court regarding the interim order. The defendant

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