Law:

Section:

Arbitration Act (X of 1940) --------- ----------Ss. 20 & 41 --------- Arbitration agreement --------- Arbitrator, appointment of --------- Final disposal or hearing of main suit when same was not fixed for the purpose --------- Effect --------- Trial Court decided main petition filed under S. 20 of Arbitration Act, 1940 while hearing application moved under S. 41 of Arbitration Act, 1940 --------- Validity --------- Matter was only fixed on the day for hearing of an application filed under S. 20 of Arbitration Act, 1940 and not for final hearing or disposal of the entire suit or main application --------- Trial Court while allowing the application had issued direction to the applicant-appellant to file agreement in the court and dispute had been referred for arbitration by the same Arbitrator who had earlier decided the issue between the same parties --------- When a matter was listed for hearing of an application and not for final disposal or hearing of the main suit, court should not decide the entire suit on merits and could only decide the said application except with the consent of the parties --------- While hearing miscellaneous application the matter could not have been referred for arbitration as same would amount to finally deciding the main application/suit --------- Matter was remanded to the Trial Court to decide the main application afresh after providing reasonable opportunity to both the parties within a specified period --------- Appeal was allowed in circumstances. Qazi Muhammad Tariq v. Hasin Jahan and 3 others 1993 SCMR 1949 and Pehalwan Goth Welfare Council through General Attorney v. District Co-Ordination Officer (DCO) Karachi and 13 others PLD 2012 Sindh 110 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD JUNAID GHAFFAR, JUSTICE:---------- Through instant appeal, the appellant has impugned order dated 14.2.2013, whereby on an application filed by the respondent under section 41 of the Arbitration Act, 1940, bearing CMA No. 6286 of 2012, the matter has been referred to Arbitration by the Court. 2. At the very outset learned counsel for the appellant has taken a legal objection with regard to sustainability of the impugned order and has…

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