Case Details

Citation(s)
1980 SLG 3014 = 1980 SLD 3014 = 1980 PLD 122
Lahore High Court
Civil Revision No. 448 of 1972, decided on 5th November, 1979.
Presented By:  Khurshid Ahmad, J
Sher Zaman Khan v. Noor Zaman Khan P L D 1977 Lab. 672 and Umrai Ali Khan and others v. Intizami Begum and others A. I R 1939 All. 176 ref. Muhammad Akram Khawaja for Appellant. Ch. Muhammad Afzal for
Respondents.

NAZAR HUSSAIN-Petitioner

VERSUS

Mst. GHULAM ZOHRA AND others Respondents

Law: Civil Procedure Code (V of 1908)

Section:  O. XLIII, r. 1, 115

Law: Law Reforms Ordinance, 1972

Section: 21

Law: Arbitration Act (X of 1940)

Section:

(a) Civil Procedure Code (V of 1908)  O. XLIII, r. 1 and S. 115 read with Law Reforms Ordinance (XII of 1972) AppealRevisionOrder revoking reference not falling under any subclauses of r. 1, hence not appealableAppeal against such order disposed of by Additional District JudgeAppeal treated as revisionSecond revision, held, barred under Law Reforms Ordinance Revision admitted for regular hearingMerits of case examined in circumstances of case.Arbitration Act (X of 1940), S. 21.[Appeal (civil)Revision (civil)]. (b) Arbitration Act (X of 1940)  S. 21 ArbitrationDuring course of proceeding parties agreeing to refer dispute to referee agreeing to be bound by his decisionSuch agreement, held, not related to reference of dispute to arbitrator Referee not appearing in Court in spite of several adjournments Agreement, held further, rightly revoked by Court in circumstances of case.[Arbitration]. Date of hearing : 29th October, 1979.                                                                                                                                               JUDGMENT The order impugned in the present revision has been passed by the Additional District Judge, Sargodha, dated the 20th May, 1972, by which the order of the Civil Judge, Sargodha dated the 20th March, 1972 regarding the reference made to S. Nawazish Ali Shah having been withdrawn was affirmed. 2. Briefly the facts of the case are that the respondent filed a suit for the possession of land measuring 35 kanals situate in Mauza Dowana Kanju, Tehsil Shahpur, District Sargodha by way of exercise of right of preemption. The details of the transaction which was sought to be preempted is not necessary for the disposal of the present revision. However, it may be added that Ghaffar Ali Shah being the son of the vendor was also a preemptor and…
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