| Citation(s) |
|---|
| 2014 SLG 513 2014 SLD 513 2014 MLD 902 |
Lahore High Court
Civil Revision No. 49-D of 2014, decision Dated: 20-01-2014.
M. SOHAIL IQBAL BHATTI, JUSTICE
Sh. Zameer Hussain for Petitioner.
Civil Revision No. 49-D of 2014, decision Dated: 20-01-2014.
M. SOHAIL IQBAL BHATTI, JUSTICE
Sh. Zameer Hussain for Petitioner.
QURBAN HUSSAIN
VS
DIRECTOR MILITARY LANDS OF CANTONMENTS AND OTHERS
Law:
Section:
Arbitration Act (X of 1940)--- ----Ss.14 & 30---Limitation Act (IX of 1908), Art. 158---Award---Objections---Limitation---Award dated 9-9-2011, was filed in court by arbitrator and on 12-12-2011, petitioner filed objections to the award---Trial Court decreed the suit in terms of award announced by arbitrator and the same was maintained by Lower Appellate Court---Validity had knowledge of award dated 9-9-2011, when he filed application for restoration of suit on 21-9-2011 by specifically mentioning that award had been announced against him and thereafter he filed application for amendment in plaint, in which petitioner sought amendment in plaint for challenging award dated 9-9-2011---Both the courts below had rightly observed that objections filed by petitioner on 12-12-2011, were barred under Art.158 of Limitation Act, 1908---High court in exercise of revisional jurisdiction declined to interfere in concurrent s and decrees passed by two courts below as the court had not committed any material irregularity---Revision was dismissed in circumstances. Col (Retd) Muhammad Aslam v. Haji Muhammad Shafi and another PLD 1993 Lah. 11; Messrs Shafi Corporation Ltd. v. Govt. of Pakistan through Director General of Defence Purchase, Ministry of Defence, Karachi PLD 1994 Kar. 127 and Late Mst. Majeedan through Lrs. v. Late Muhammad Naseem 2001 SCJ 96 ref. THIS ORDER PASSED BY: M. SOHAIL IQBAL BHATTI, JUSTICE:---.--- This Civil Revision is directed against the judgment and decree dated 11-9-2012 passed by learned Civil Judge Ist Class, Jhelum and judgment and decree dated 4-1-2014 passed by learned Addl. District Judge, Jhelum. 2. Brief facts to the case are that the petitioner filed a suit for declaration and cancellation with consequential relief and suit for permanent and mandatory injunction. The respondents appeared before the court and filed an application under section-34 of the Arbitration Act, 1940 for stay of proceedings and for arbitration in terms of Clause-VI of the rent agreement between the parties. The learned Civil Judge accepted the application and referred the matter for decision by Director Military Lands, Lahore through order dated 1-2-2011.…
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