Law: Arbitration Act, 1940

Section: 21,34

Law: Civil Procedure Code (V of 1908)

Section: 2

Arbitration Act (X of 1940)--- ----Ss. 21 & 34---Civil Procedure Code (V of 1908), O.XII, R.2---Arbitration---Petitioners were aggrieved of orders passed by Courts below rejecting application made by them under Ss. 21 & 34 of Arbitration Act, 1940---Validity---Respondents extended consent for arbitration through sole arbitrator before Revisional Court during pendency of suit before Trial Court---Such consent did not operate as estoppel against respondents when petitioners made an application before Trial Court under Ss. 21 & 34 of Arbitration Act, 1940---Legality of order made by Trial Court under O.XIII, R.2, C.P.C. was under adjudication before Lower Appellate Court, in exercise of revisional jurisdiction---Trial Court rightly rejected application of petitioners made under Ss. 21 & 34 of Arbitration Act, 1940---Provision of S. 34 of Arbitration Act, 1940 was wrongly mentioned in caption of the application---Court could only refer matter/differences without consent of all interested parties under S. 21 of Arbitration Act, 1940---Respondents did not extend consent for arbitration, therefore, Trial Court rightly exercised its jurisdiction and Lower Appellate Court rightly upheld the same---High Court declined to interfere with the orders passed by two Courts below---Revision was dismissed, in circumstances. Project Director University of Loralai and another v. Zarif Khan Hussainzai and Brothers through Managing Director 2023 YLR 527 and The Imperial Electric Company (Private) Limited through Chief Financial Officer v. Messrs Zhongxing Telecom, Pakistan (Private) Limited through Chief Executive and 20 others 2020 CLC 760 distinguished. JUDGMENT GUL HASSAN TAREEN, J.----This Civil Revision Petition, filed under section 115, the Civil Procedure Code, 1908 ('Code') is directed from the concurrent orders passed by the courts below whereby an application made by the petitioners under sections 21 and 34, the Arbitration Act, 1940 ('Act, 1940') was concurrently rejected. 2. Briefly, facts of the case are that the petitioners instituted a Civil Suit for declaration, correction of revenue record and perpetual injunction against the respondents in the Court…

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