Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Constitution of Pakistan, 1973

Section: 199

Law: Arbitration Act, 1940

Section: 14

Civil Procedure Code (V of 1908)--- ----S.12(2)-Arbitration Act (X of 1940), S.14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Arbitration proceedings---Contention of the petitioner was that Power-of-attorney executed by him in favour of his wife did not at all authorize her to appoint an arbitrator or to refer the matter to arbitrator, she, therefore, had no lawful authority to appoint an arbitrator---Validity---Power of attorney in question did not spell out any authority to refer the matter to arbitration or to appoint arbitrator---Nothing was available on record that any dispute existed regarding the land in question between the parties--Entire proceedings, in circumstances, were without lawful authority, there being no arbitration and as such there was no question of arbitration proceedings, award or the decree pursuant thereof---Application of petitioner under S.12(2), C.P.C. was accepted and constitutional petition was allowed in circumstances---Principles. Noorul Amin and another v. Muhammad Hasim and 27 others 1992 SCMR 1744 and Muhammad Yasin and Sh. Hanif Ahmad and 4 others 1993 SCMR 437 fol. Ch. Muhammad Saleem v. Muhammad Akram and others PLD, 1971 SC 516 ref. THIS JUDGMENT DELIVERED BY: MAULVI ANWARUL HAQ, J.--- On 30-3-1983 one Mian Imam Din son of Ahmad Din filed an application under section 14 of the Arbitration Act, 1940. It was stated therein that Bashir Ahmad son, Mst. Begum Bibi, daughter, of Allah Ditta and Abdul Khaliq son of Nazir Ahmad, (present petitioner) through his wife Mst. Pukhraj Janjua as general attorney, appointed him as arbitrator vide arbitration agreement, dated 7-2-1983 and 11-3-1983, to decide their dispute regarding the property mentioned in para. 1 of the application; that acting as arbitrator he made and published his award, dated 27-3-1983. He accordingly made a prayer that the award be filed in Court. He appended the arbitration agreement as well as award with the said application. Notices were issued in this application for 27-4-1983. An application was filed by the said Imam Din, arbitrator, on 14-4-1983 through Muhammad Sadiq, Advocate, Kharian stating that the parties have entered into…

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