Law: Arbitration Act, 1940

Section: 33

Arbitration Act (X of 1940)--- ----S.33 filed application for making award Rule of the Court---Petitioner filed application for setting aside Arbitration Agreement and the said award---Civil Court accepted the petitioners application and dismissed the application of respondent---Appellate Court accepted appeal of the respondent---Petitioner contended that he had never entered into any agreement for the reference of dispute nor ever appointed any arbitrator; that the alleged reference to the arbitration was based on fraud; and that the award was improperly procured which was invalid; that prior to the respondents application, civil litigation was pending between the petitioner and the Municipal Committee wherein respondent was also a party; and that having trust in the respondent (being his brother), the petitioner had been affixing his thumb-impression on certain blank papers as required for filing some applications/pleadings in the civil suit which had been fraudulently misused by respondent for fabricating the alleged arbitration agreement/award---Validity---All three stamp papers including two alleged stamp papers by which the appointment of arbitrators was claimed and one stamp paper of Faisla Salsi were of the same date---Question arose as to how stamp papers for appointment of arbitrators were allegedly purchased and on the very same day the decision of the arbitrators was also allegedly announced---All three stamp papers were allegedly purchased from person produced by respondent as witness who admitted in cross-examination that he did not personally know either the petitioner or the respondent that there was no entry of CNIC numbers of the alleged purchasers at the back of stamp paper; and that at the time of purchase of stamp papers he did not obtain identification from anyone---Genuineness of such documents was suspicious as the same were not proved by any admissible/credible evidence---Statements of others two respondents were different from what had been recorded in reference admitted that the house in question was owned by his father who was not party or signatory to the said arbitration agreement---Being not a privy to the arbitration agreement,…

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