This is an appeal from the judgment of Ramaswami, J., in A.A.O. No. 531 of 1954. That appeal was preferred against the order made by the learned City Civil Judge, Madras, in I.A. No. 676 of 1954 in O.S. No. 538 of 1954. The application was made under section 34 of the Indian Arbitration Act for stay of the suit on the ground that the remedy of the plaintiff was to resort to arbitration. The learned City Civil Judge, however, dismissed the application and refused to grant stay. There was an appeal to this Court (C.M.A. No. 531 of 1954). The appeal itself was filed under section 39 (1) (v). of the Indian Arbitration Act. Ramaswami, J., allowed the appeal and set aside the order of the learned City Civil Judge, and granted the application for stay of the suit. This appeal is by the plaintiff from that order.

A preliminary objection was taken on behalf of the respondent before us that the appeal is incompetent, and reliance was placed on section 39(2) of the Indian Arbitration Act and the rulings of this Court in Radhakrishnamurthy v. Ethirajulu Chetty & Co1, and Co-operative Insurance Society v. Bapi Raju2. Undoubtedly, the decision in Radhakrishnamurthy v. Ethirajulu