Law:

Section:

(a) Arbitration Act (X of 1940)--- ----S. 32 & Preamble--- Arbitration agreement---Dispute between the parties---Arbitration---Once dispute between parties had been referred to arbitration then only remedy was under Arbitration Act, 1940 and not through a suit. (b) Arbitration Act (X of 1940)--- ----S. 32---Arbitration agreement---Stay of legal proceedings, power of---Section 32 of Arbitration Act, 1940 merely barred a suit to challenge a decision upon existence, effect or validity of an arbitration agreement or award otherwise than as provided in the Act. THIS JUDGMENT DELIVERED BY: SHAHID KARIM, JUSTICE:----------- This is a second appeal under section 100 of Code of Civil Procedure (C.P.C.) and lays a challenge to the judgment and decree dated 20.6.2005 passed by the Addl. District Judge, Multan. By the said judgment and decree appeal filed by the respondents Nos.2 to 5 was accepted and the judgment and decree dated 12.12.2000 passed by the Civil Judge, Multan was set aside. 2. The relevant facts are that a contract was executed between the appellant and the respondent No.2 on 15.3.1989. On the allegation of breach of contract and the non-fulfillment of the necessary terms of the contract, the respondent No.2 stopped making payments against the bills of the appellant. An application under section 8 of the Arbitration Act, 1940 (Act, 1940) was filed by the appellant. On 11.3.1994 arbitrators were appointed by the civil court who conducted the arbitration proceedings and issued the award dated 11.3.1994 in favour of respondent No.2-authority. Vide order dated 5.11.1995, the objections were accepted and the award in favour of Multan Development Authority (MDA) was set aside. On 27.11.1995 on the application of the appellant, the civil court ordered for the withdrawal of the application under section 8 of the Act, 1940. This order is at page 511 of the file and is Ex.P.93. On 17.12.1995 a suit for declaration was filed by the appellant herein. This suit was decreed by Civil Judge, Multan on 12.12.2000. An appeal filed by the respondent No.2 was accepted vide judgment and decree dated 20.06.2005. 3. The trial court struck the following issues from the…

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