N.M. KASLIWAL, J.—This is an appeal by the defendants against an order of the learned Additional District Judge, Alwar, dated 1st May, 1978, whereby he rejected the application filed under sec. 34 of the Arbitration Act and refused to stay the proceedings of the Civil Suit.

2. Brief facts giving rise to this appeal are that on 29th March, 1976, Prabhu Dayal s/o Bhonrey Lal and Raghunandan s/o Prabhu Dayal filed a suit for the dissolution of the firm Bhonri Lal Hiralal and for rendition of accounts of the firm and for partition and of the movable and immovable properties and for separate possession. The plaintiffs also moved an application for appointment of receiver under order 40 rule 1 C.P.C. On 30th March, 1976, one of the defendants Om Prakash appeared in the trial Court suo-moto and requested that he should be heard before passing any order on the application under order 40 rule 1. The copy of the application and the plaint was given to the defendant Om Prakash and the summons of the suit and notices of the application for appointment of receiver were ordered to be issued for the other defendants. The case was fixed for 15th April, 1976 for hearing arguments on the application

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