| Citation(s) |
|---|
| 2004 SLG 2908 2004 SLD 2908 2004 PLD 752 |
Supreme Court of Pakistan
Civil Appeal No. 700 of 1999, decided on 13th May, 2004. (On appeal from the judgment/order dated 3-7-1998 passed by Lahore High Court, Lahore in Review Appeal No. 120 of 1993).
IFTIKHAR MUHAMMAD CHAUDHARY, KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ
Anwar Kamal, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record (absent) for Appellant. Ghulam Sabir, Advocate Supreme Court and Faiz-ur-Rehman, Advocate-on-Record (absent) for
Respondent.
Respondents Nos. 2 and 3. Ex parte
Civil Appeal No. 700 of 1999, decided on 13th May, 2004. (On appeal from the judgment/order dated 3-7-1998 passed by Lahore High Court, Lahore in Review Appeal No. 120 of 1993).
IFTIKHAR MUHAMMAD CHAUDHARY, KHALIL-UR-REHMAN RAMDAY AND FALAK SHER, JJ
Anwar Kamal, Advocate Supreme Court and M.A. Qureshi, Advocate-on-Record (absent) for Appellant. Ghulam Sabir, Advocate Supreme Court and Faiz-ur-Rehman, Advocate-on-Record (absent) for
Respondent.
Respondents Nos. 2 and 3. Ex parte
RAHIM JAN
VS
Mrs. Z. IKRAM GARDEZI and others
Law:
Section:
(a) Arbitration Act (X of 1940)--- ----S. 39---Civil Procedure Code (V of 1908), S.114 & O.XLVII, R.1---Constitution of Pakistan (1973), Art. 185(3)---Leave to appeal was granted by the Supreme Court to consider whether the provisions contained in S.114 and O.XLVII, R.1, C.P.C. would apply to any order passed by an Appellate Court in exercise of its power under S.39, Arbitration Act, 1940 and thus a review petition was maintainable. (b) Arbitration Act (X of 1940)--- ----Ss. 17 & 39---Civil Procedure Code (V of 1908), S. 114 & O.XLVII, R. 1--Review---No express provision for filing of review petition having been provided in the Arbitration Act, 1940, review petition was not maintainable---Principles. Messrs Pakistan Trading Company y. M/s. Ishani Ltd. 1968 Law Notes SC 48, Hussain Bukhsh v. Settlement Commissioner PLD 1970 'SC 1; Executive Engineer P.W.D. v. Iboyaina Singh AIR 1970 Manipur 76; Sampu Gowda v. State of Mysore AIR 1982 Orissa 239; Messrs Combined Enterprises v. WAPDA PLD 1988 SC 39; Tribal Friends Co. v. Province of Balochistan 2002 SCMR 1903; Muzaffar Ali v. Muhammad Shafi PLD 1981 SC 94; Food Corporation of India v. Bibhutibhusan Patra AIR 1987 Orissa 230; Sandback Charity Trustees v. North Staffordshire Railway Co. (1877) 3 QBD 1; 1984 CLC 349; 1986 SCMR 118 and 1986 MLD 978 ref. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHARY, J.---This appeal by leave of the Court has been filed against the judgment dated 3rd July, 1998 passed by Lahore High Court, Lahore whereby Review Application No.20 of 1993 in F.A.O. No.114 of 199.8 filed by appellant has been dismissed. 2. Facts in- brief, leading to filing of instant appeal, are that appellant Rahim Jan having qualified Chartered Accountant established a firm by the name and style of Rahim Jan & Company at Lahore and Karachi. Subsequently, he entered into a partnership with Syed Ikram Gardezi (late) both at Lahore and Karachi, respectively. At a later stage, he sold out goodwill of his business at Lahore to the predecessor-in-interest of the respondents vide agreement dated 30th June, 1973 for a sum of Rs.800,000 with certain other conditions. Similarly he also sold away goodwill of his business…
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