R. P. MOOKHERJEE, J. :- This is an application in revision against an order of the learned Judge, Presidency Small Cause Court, Calcutta, staying a suit under S. 34, Arbitration Act.

2. The plaintiffs case as made in the plaint is that the defendant company had entered into a contract with the plaintiff on 28th February 1946, for the purchase of a certain quantity of jute at Rs. 16-14-0 per maund. Against the said contract the plaintiff had delivered some quantity of jute out of which the defendant company had rejected 28 bales on 14th May 1946 and called upon the plaintiff to remove the same from the defendants custody. After the receipt of the aforesaid letter, the plaintiff repeatedly attempted to obtain delivery of the said 28 bales of jute but on some pretext or other the bales were not delivered. Ultimately, on 29th October 1946, the plaintiff wrote to the defendant company again requesting it to return the said bales. The defendant company had not delivered the bales. The plaintiff accordingly filed the present suit to recover from the defendant company the value of the said bales at the market rate of Rs. 34 per maund as ruling on or about 30th October 1946, when th