K. C. Agrawal, J. - This is an appeal under Section 39(1)(v) of the Arbitration Act against the judgment of the First Additional Civil Judge, Kanpur, dated 17-9-1984, rejecting the application of the appellants for stay of the suit. No. 161 of 1980, moved under Section 34 of the said Act.

Suit No. 161 of 1980 was filed by the Allahabad Band against defendants 1 to 4 Defendant 2 is the sole proprietor of defendant 1 firm. M/s. Jamunadass Rameshwardas, whereas defendant 4 Smt. Sushila Devi Bajaj is the proprietor of defendant 3 Hotel Sarika. She is the wife of defendant 2. The plaintiff claimed a decree for Rs. 3,78,018.70 Paise against defendants 1 and 2 with interest and for recovery of Rs. 5,39,284.04 Paise against defendants 2, 3 and 4. The basis of the claim was that defendants 1 and 2 had to pay the amount claimed against them on the ground of having taken advance from the Bank. With regard to defendants 3 and 4, the plaintiff pleaded that defendant 2 had guaranteed the dues of defendants 3 and 4. Accordingly, defendants 1 and 2 are liable to pay along with defendants 3 and 4, and, therefore, a joint decree for the amount due from defendants 3 and 4 was claimed as agai