1. The plaintiff in O.S. 107/78 id the court of the Principal Sub Judge Palghat is the revision petitioner.

2. The suit, instituted under S.20 of the Arbitration Act, is for an order directing the defendant to file the agreement, containing the arbitration clause, entered into between 'the plaintiff and the defendant, in court for the purpose of referring the dispute to an arbitrator who will be appointed by the court. The defendant, instead of responding to the notice ordered in the suit, filed O.S. 130/78, wherein be had prayed that under the contract, amounts are due to him and since the plaintiff-petitioner failed to pay the said amounts despite notice, a decree be passed against the plaintiff. In the said suit the petitioner-plaintiff filed an application under S.34 of the Arbitration Act. The court below as also this court rejected the said application. Thereafter the court below has ordered joint trial of the suits. O.S. 107/78 and O.S. 130/78.

3. According to the petitioner-plaintiff, his suit would become infructuous unless the reliefs prayed for therein are substituted by the reliefs made mention of in the petition filed by it under Order VI R.17 CPC. In the pet