Law:

Section:

(a) Arbitration Act (X of 1940)--- ----Ss. 14 & 17----Limitation Act (IX of 1908), Art. 178---Making award rule of court---Condonation of delay---Notice of award---Award not duly signed by parties---Effect---Applicant filed an application for making an award rule of court along with an application to condone delay---Trial Court dismissed application of applicant on ground of limitation that was assailed before appellate court below---Appellate court accepted appeal and remanded case to be decided in accordance with law---Validity---Perusal of Award showed that it was not duly signed by parties---Period of limitation for an award would start from date of service of notice to parties---Law required sending of separate notice in writing by arbitrators notwithstanding the fact that parties had knowledge of arbitration of Award---Award though had been announced much earlier than the application (for making the Award rule of court) which was filed beyond time of limitation, but it was neither signed by parties, nor was there any explanation whether parties were informed of the same---When factum of knowledge of parties regarding award was in controversy and had required pro and contra evidence of parties, Trial Court without giving such opportunity could not dismiss the application---High Court dismissed revision against order of appellate court. Messrs Waseem Construction Co. v. Province of Sindh and others 1991 CLC 1081 and Mushtaq Ahmad alias Mastay Khan and another v. Ahmad Yar and 9 others 2000 CLC 1518 rel. (b) Limitation Act (IX of 1908)--- ----Ss. 4 & 9---Exclusion of time---Vacations of court---Appellate court accepted the appeal by extending time of one month by excluding the month when Trial Courts were on vacations---Validity---Appellate court could not condone delay by excluding month of vacations---Limitation Act, 1908 had provided condonation of delay only when court was closed on the day limitation would expire---Once time had begun to run no subsequent disability or inability to sue could stop it---Remand order by Appellate court was legally correct to the extent that it provided both parties opportunity to prove their case but view taken for…

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