( 1 ) THE appellant is the original plaintiff. He filed a suit in the Court of the learned Civil Judge (Senior Division) Baroda for dissolution of the partnership and accounts. On the service of the summons of that suit respondent No. 2 filed an application under protest and without submitting to the jurisdiction of the Court for stay of proceedings under sec. 34 of the Arbitration Act on the basis of Clause 16 of the partnership deed (mark-4/3 ) That application was resisted by the present appellant by his reply Exhibit 26. The learned Judge however came to the conclusion that Clause 16 of the partnership deed was wide enough to take into its fold any and every dispute between the partners and accordingly directed stay of proceedings. It is against this order passed by the learned trial Judge that the present appeal is filed under sec. 39 of the Arbitration Act.

( 2 ) IT transpires from the averment made in the plaint that a part- nership firm under the name and style of Swashray Construction Company was floated some time in October 1967 and thereafter there were changes in the constitution of the firm on two occasions and with every change a new partnership deed c