( 1 ) THESE two Rules arise out of two orders passed in Misc. Appeal No. 35 of 1:975 and Title Suit No. 22 of 1976 respectively. Civil Rule No. 3457 of 1975 is directed against the order passed on 13th of August, 1975 by the District Judge. Howrah in Misc. Appeal No. 35 of 1975 affirming the order No. 18 dated 7-3-75 passed by the Munsif, First Court, Howrah in Title Suit No. 267 of 1974 rejecting the application under Section 34 of the Arbitration Act. Civil Rule No. 3036 of 1975 is directed against the order No. 28 dated 3lst July, 1975 passed by the Subordinate Judge, Second Court, Howrah in Title Suit No. 22 of 1975 allowing the plaintiff opposite party's application under Order 39, Rule 7 of the , Civil P. C. for issue of a commission for making inventory of the articles and account papers as mentioned in the petition. On the prayer of both the parties these two rules were heard together.

( 2 ) THE opposite party, Pirudan Ojha in Civil Rule No. 3457 of 1075 instituted on Nov. 21, 1974 a suit being Title Suit No. 267 of 1974 in the First Court of Munsif, Howrah against the defendant petitioner Babulal Singhania for dissolution of partnership and for accounts sta