| Citation(s) |
|---|
| 2024 SLG 5188 2024 SLD 5188 2024 CLD 938 |
F.A.O. No.90 of 2023, decided on 13th May, 2024. Dates of hearing: 29th January and 13th May, 2024.
Before Mirza Viqas Rauf, J
Usman Jillani and Waseem Sultan Doga for Appellant. Muhammad Ilyas Sheikh and Sh. Danyal Iftikhar for
Respondent No.1. Imran Shaukat Rao, Assistant Advocate General Punjab for
Respondents Nos.2(a) to 2(k).
NATIONAL COMMAND AUTHORITY FOUNDATION (NCAF) through Authorized Officer Col. (R) Muhammad Sabir---Appellant
VERSUS
Sheikh SAROSH IFTIKHAR and others----Respondents
Law: Arbitration Act, 1940
Section: 20(4)
(a) Arbitration Act (X of 1940)---
----S.20 (4)---Civil Procedure Code (V of 1908), O.VII, R. 11(a)---Term "sufficient cause"---Scope---Term "sufficient cause" used in S. 20(4) of Arbitration Act, 1940, is alike and akin to phrase "where it does not disclose a cause of action" used in R.11(a) of O.VII, C.P.C.---This is one of the grounds for rejection of plaint recognized by said provision of law---Proceedings in terms of S. 20 of Arbitration Act, 1940, are though in the nature of proceedings in a suit but in strict sense it is not a suit---When such application is moved a show-cause notice is to be issued to all the parties to the agreement requiring them to explain why agreement should not be filed---If sufficient cause is not shown to the contrary, the agreement is ordered to be filed.
Lahore Stock Exchange Limited v. Fredrick J. Whyte Group (Pakistan) Ltd. and others PLD 1990 SC 48 rel.
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