M. N. SHUKLA, J. :- The question in this appeal is whether the proceedings instituted by the plaintiff respondent by filing a suit in forma pauperis should have been stayed under S. 34 of the Arbitration Act (hereinafter referred as the Act ). A few facts leading to the present appeal may be noted as follows :

2. The plaintiff-respondent Mastan Singh made an application for leave to file a suit in forma pauperis against M/s. Hindustan Finance Company, R. N. Grover, and Ram Shah, the latter being the partners of the Company. The relief claimed in the suit was a mandatory injunction requiring the defendants to restore possession of a truck of which they had been forcibly deprived by the defendants. The suit was instituted on 20th Sept, 1975. On 16th Oct. 1975, the plaintiff applied for a temporary injunction. To this application objections were filed by M/s. Hindustan Finance Company and R. N. Grover, Managing Partner, on 12-12-1975. Thereafter on 9-1-1976 Ram Shah defendant applied under S. 34 of the Act praying that the suit be stayed inasmuch as the parties had by means of an agreement decided to have the matters referred to arbitration, the plaintiff Mastan Singh opposed