( 1 ) THIS appeal from order arises at the instance of the original plaintiff who has challenged the order dated GIst October 1980 passed below Exhs. 9 and 13 in Special Civil Suit No. 27 of 1979 by second Joint Civil Judge (Senior Division ). Godhra wherein the above applications preferred under sec. 34 of the Arbitration Act 1940 were allowed and the suit of the plaintiff was ordered to be stayed.

( 2 ) IN order to appreciate the rival contentions it would be necessary to state a few relevant facts. The plaintiff is the widow of one Nagindas Kalidas Sheth who expired on 12/11/1978 The deceased husband of the plaintiff was a party to the deed of partnership dated 13/12/1977 of the firm which was carrying on business in the name and style of Messrs. Arvindlal Kantilal and Co. The plaintiff claims that she is the sole heir of the deceased. The plaintiff has alleged that when her husband expired he had as deposit an amount of more than Rs. 1 lakh in the said firm Rs. 1 20 0 as fixed capital and he was receiving some remuneration for managing the firm. The deceased husband was also entitled to a share of profits of the said firm till the time he expired. The plaintiff fu