Law: Civil Procedure Code (V of 1908)

Section: 13 , 17

  Civil Procedure Code (V of 1908)--- ----OAX, R.13---Arbitration Act (X of 1940), S. 17---Review---Contention was that application. being in shape of review application was not maintainable as the right to seek review was a right created by statute and that no such right was created in Arbitration Act, 1940---Held, although right to seek review of order was a statutory right, Court was competent to suo motu recall or review order obtained by fraud as fraud vitiated proceeding and party could not be allowed to take advantage of fraud. ---[Review--Fraud]. Civil Procedure Code (V of 1908)--- ----O.IX, R. 13---Arbitration Act (X of 1940), S. 17---Application for setting aside decree as a result of award made rule of Court ex pane---Duty of Court--Provisions of S.17, Arbitration Act, 1940 cast duty upon Court to examine objection filed by party; to see whether the award was nullity because of invalidity of the arbitration agreement or was prima facie illegal. ---[Duty of Court]. Civil Procedure Code (V of 1908)--- ----O.IX, R. 13---Arbitration Act (X of 1940), S. 17---Provisions of O.IX, R.13, C.P.C. applicable to the proceedings in a suit arising out of award made by arbitrator. Civil Procedure Code (V of 1908)--- ----O.IX, R.13 & S. 151---Arbitration Act (X of 1940), S. 7---Application for setting aside of decree as a result of award made rule of Court ex parte--Maintainability---No bar exists in maintaining application under O.IX, R.13, C.P.C. in an arbitration matter where the award was made rule of Court in a summary manner without considering objections of the other side or on grounds of   non-appearance---Matter should be decided on merits and party should not be knocked out on technical ground so as to save the parties from further round of litigation. Civil Procedure Code (V of 1908)--- ----O.IX, R. 13---Ex parte decision---Setting aside of---Sufficient cause---Non appearance of counsel because of his engagement before other Benches Whether constitute sufficient cause. Hussain Bakhsh v. Settlement Commissioner, Rawalpindi and others PLD 1970 SC 1; Muzaffar Ali v. Muhammad Shaft PLD 1981 SC 94; S.A. Rizvi v. Pakistan Atomic Energy Commission…