, J.

1. This appeal has been filed against the judgment of the Senior Subordinate Judge, Kapurthala, dated March 1, 1971, by the plaintiffs.

2. The facts giving rise to the present appeal are that a suit was instituted by the plaintiffs for rendition of accounts of the partnership between the parties. The defendants filed an application under Section 34 of the Arbitration Act, 1940, hereinafter referred to as the Act, for staying the proceedings on the ground that according to the deed of partnership, dated January 4, 1963, it had been agreed between the parties that all disputes between the partners were to be referred to the Arbitrator. It was further stated that the defendants were willing at the time of the institution of the suit and continued to be so to do all things necessary for proper conduct of the arbitration proceedings. The application was contested by the plaintiffs. Inter alia they pleaded that there was no such agreement, that the defendants had taken steps in the proceedings and that the defendants had not disclosed in the application the dispute sought to be referred to the arbitration. It was further stated that the defendants were not ready and willing