Law: Civil Procedure Code (V of 1908)

Section: 115,O.IX,R.6,13

Law: Arbitration Act, 1940

Section: 17,20,30,31,39

Law: Constitution of Pakistan, 1973

Section: 199

Law: Limitation Act, 1908

Section: 158,181

(a) Civil Procedure Code (V of 1908)--- ----O. IX, Rr. 6 & 13---Limitation Act (IX of 1908), Art. 181---"Ex-parte order" and "decree"---Distinction---Restoration of ex-parte order---Limitation---Limitation period has been prescribed for setting aside an ex-parte decree but no limitation period has been prescribed for setting aside order whereby defendant is proceeded against ex-parte---Limitation period for filing application against ex-parte order is three years under Art.181 of the Limitation Act, 1908---Defendant who is proceeded against ex-parte, is not debarred from appearing and participating in the proceedings at subsequent stage. Hashim Khan v. National Bank of Pakistan 1992 SCMR 707 and Police Department v. Javid Israr 1992 SCMR 1009 rel. (b) Arbitration Act (X of 1940)--- ----Ss. 30 & 39--- Award, setting aside of---Principles---Award can be set aside either on application of a party under S.30 of Arbitration Act, 1940 or by court on its own motion---Either way, an order setting aside an arbitration award is appealable---Question of refusal by court to set aside award arises only if application to set aside an award is filed by a party aggrieved of the award---If no such applications or objections to award are filed and court passes an order, making an award rule of the court, such order is not appealable. (c) Arbitration Act (X of 1940)--- ----S. 17---Award made rule of court---Appeal---Preconditions---Appeal is barred under S.17 of Arbitration Act, 1940 against a decree passed following a pronounced according to award except on ground that it is excess of, or not otherwise in accordance with law. (d) Constitution of Pakistan--- ----Art. 199---Constitutional jurisdiction of High Court---Scope---High Court in exercise of its jurisdiction under Art.199 of the Constitution when sets aside order of a court or a tribunal, it remands matter for a decision afresh in accordance with law. (e) Arbitration Act (X of 1940)--- ----Ss. 17, 30 & 31---Civil Procedure Code (V of 1908), S.115---Limitation Act (IX of 1908), Art. 158---Constitution of Pakistan, Art.199---Constitutional petition---Suo Motu revisional jurisdiction of High…

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