Law: Arbitration Act (X of 1940)

Section: 17 & .39(1)(vi)

Arbitration Act (X of 1940) Ss. 17 & .39(1)(vi)-Award-Appeal-Trial Court passing composite order refusing to set aside award as well as pronouncing judgment making award rule of Court-Such order, held, appealable.-[Award Appeal (civil)]. Date of hearing : 23rd October 1979.                                                                                                                            JUDGMENT This judgment shall dispose of Civil Revisions Nos. 461/1972 to 455,!1972, as common questions of law and facts are involved therein. It shall, however, remain on the file of Civil Revision No. 461 of 1972. 2. Qazi Masood-ul-Haq, the petitioner in Civil Revisions Nos. 461/72 and 462!72 filed two separate suits against the respondent for declaration that he was the owner in possession of the suit land, questioned the validity of Mutation Nos. 3253 and 3256 sanctioned on 17-1-1970 and further prayed for permanent injunction restraining the respondent from interfering in his possession and cultivation of the land in dispute. Similarly, his mother Mst. Zahida Begum also instituted two suits, in which she challenged Mutation No. 3252 and 3255, dated 17-1-1970. The respondent, filed a cross suit in respect of the same land. 3. On 2-11-1970 the parties and their learned counsel made a joint statement before the learned trial Court to get their suits decided through arbitration. They named Sh. Abdul Aziz, Advocate, Bhakkar, as the sole arbitrator. Accordingly, a reference was made to him by the learned trial Court who on 26-1-1971 made an award in favour of the respondent. The petitioners filed objections against the award. The learned trial Court turned down the objections and by the judgment dated 13-11-1971 made the award rule of the Court. 4. The petitioners filed five separate appeals against the judgment under section 39(1)(vi) of the Arbitration Act,…