( 1 ) THIS is a plaintiffs appeal under Section 39 of the Arbitration Act by which the order passed by the First Additional District Judge, Jabalpur, in Civil Suit No, 26-A of 1959 staying the proceedings in the suit under the provisions of Section 34 of the Arbitration Act is challenged.

( 2 ) THE main contention urged on behalf of the plaintiff-appellant is that it is too late now for the applicant to ask for stay of proceedings under Section 34 of the Arbitration Act (hereinafter Called the 'act') inasmuch as he has already taken 'other steps in the proceedings' within the meaning of Section 34 of the Act.

( 3 ) IT is necessary to state the facts briefly to appreciate the contentions of the parties. The plaintiff's suit is for the recovery of damages on account of breach of contract for plying ferries from two ghats. The plaintiff has claimed damages to the extent of Rs. 14,838/ -. He alleges that he has paid Rs. 31,000/- towards the lease amount of Rs. 39,666/-in respect of one ghat; the defendants are now recovering from him the balance and that they are also claiming the entire lease money with regard to the other ghat. This amount is stated to be Rs. 19,834/- in