D. N. ROY, J.:

These are two cross appeals the one by the plaintiff and the other by the defendants, under S. 39 of the Indian Arbitration Act of 1940, arising out of an order dated 13-9-1955, passed by the First Civil Judge of Kanpur on an application under S. 34 of the Indian Arbitration Act. The order is to the following effect:

"The defendants application under S. 34 of the Indian Arbitration Act is allowed. The present suit is ordered to be stayed so that the parties may get their dispute settled through arbitration in pursuance of and in accordance with the provisions of the arbitration clause contained in the standard contract form of Messrs. Begg Sutherland and Co. Ltd., Kanpur, a copy of which form is on the file of this Suit as Ex. 1. The plaintiff firm will get its full cost of this suit from the defendants."

2. In the present appeal the plaintiff has contended that the order of stay was wrong and S. 34 of the Arbitration Act was not properly applied to the case, because the application had been made by Kundan Das defendant alone and not by all the defendants, and also because the defendants were estopped by their letter dated 24-12-1951, from taking up the plea