Case Details

Citation(s)
2017 SLG 2065 2017 SLD 2065 2017 YLR 301
Peshawar High Court
C.R. No. 165-B of 2014, decision & hearing Dated: 01-06-2016.
HAIDER ALI KHAN, JUSTICE
Asghar Ali Khan for Petitioners. Asghar Nawaz for
Respondents.

ASGHAR ALI KHAN AND 4 OTHErs

VS

JANAN AND 15 OTHERS

Law:

Section:

(a) Arbitration Act (X of 1940)--- ----S. 14(2)---Civil Procedure Code (V of 1908), O. VII, R. 11---Arbitration agreement---Making award rule of court---Procedure---Arbitrators gave award refused to implement the said decision---Application for making award as rule of court was moved wherein petition for rejection of the same was filed which was accepted---Validity---Arbitrator had to file the award in the Court either at the request of a party or on the direction of the Court---Court would then give notice to the parties of the filing of award and thereafter it had to see whether same could be made rule of court or not---Party could not file award in the court to make the same rule of the court when award prior to getting the authentication and sanction of the court had been acted upon between the parties---When law required a thing to be done in a certain and particular manner then it should be done in that manner---Findings recorded by the courts below were convincing and elaborate---Revision was dismissed in circumstances. (b) Administration of justice--- ----Law favours adjudication upon merit. (c) Administration of justice--- ----When law required a thing to be done in a certain and particular manner then it should be done in that manner. THIS JUDGMENT DELIVERED BY: HAIDER ALI KHAN, JUSTICE:---.--- Through instant revision petition, the petitioners have called in the question order and decree passed by the learned Additional District Judge-I, Bannu and that of order of the learned Civil Judge-XI, Bannu whereby the latter dismissed the application for granting rule of the Court and the former maintained the same order. 2. Brief facts of the case are that there was a dispute between the parties over agricultural land and verkha jaat. To settle the said dispute, arbitrators were appointed who after hearing the parties paying visit to the disputed site, decided the matter vide arbitration agreement dated 12.9.2012. The petitioners, after refusal from implementation of the arbitration decision by the respondents Nos.1 to 5, filed application for making the verdict of arbitrators as rule of the Court. 3. Respondents were summoned who appeared and contested the…
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