Law: Arbitration Act, 1940

Section: 31

Arbitration Act (X of 1940)--- ----S. 31---Arbitration award---Award not appraised by court before being made Rule of the Court---Case record showed that the matter for grant of a decree was sent to the Arbitrator by the Court, which was not permissible under the law---Even if the same was treated as an irregularity, the Trial Court was required to assess the Award for adjudging as to whether there were any apparent errors in the same---Objection petition of defendants was dismissed by the Trial Court but the Award itself was not appraised before being made Rule of the Court---Further, the Appellate Court had noted in its that some of the parties to the agreement to sell were minors and there was nothing on record to show that before entering into the said agreement or making the reference, any permission of the Court was obtained for entering into the said agreement---Appellate Court had rightly remanded the case to the Trial Court to decide the same on merits---Petition for leave to appeal was dismissed. JUDGMENT AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this Civil Petition filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, leave has been sought against the judgment dated 26.05.2011, passed by the Lahore High Court, Multan Bench, whereby Civil Revision bearing No.574 of 1992, filed by the Petitioners, was dismissed. 2. On 10.06.2014, the titled case was fixed before this Court and after noting some assertions of the learned counsel for the Petitioners with regard to extension of time granted by the court for announcement of award and necessity of issuance of notice by the arbitrator to the parties. 3. We have heard the learned counsel for the parties and gone through the available record. 4. Initially, a Suit for Specific Performance was filed by the Petitioners/Plaintiffs on 22.06.1989, on the basis of an Agreement to Sell dated 04.12.1968. As per the learned counsel for the Petitioners, during pendency of the Suit, the matter was referred to the Arbitrator with the consent of the parties. An Award in favour of the Petitioners/Plaintiffs was announced on 30.05.1989. Objections were raised by the Defendants/Respondents…

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