| Citation(s) |
|---|
| 1962 SLG 3012 = 1962 SLD 3012 = 1962 PLD 830 |
Lahore High Court
First Appeal from Order No. 46 of 1961, decided on 1st June 1962.
Presented By: A. R. Changez, J
Sh. Shaukat Ali for Appellant. A. R. Sheikh and Abdur Rashid for
Respondent. Dates of hearing : 23rd, 24th and 29th May 1962.
First Appeal from Order No. 46 of 1961, decided on 1st June 1962.
Presented By: A. R. Changez, J
Sh. Shaukat Ali for Appellant. A. R. Sheikh and Abdur Rashid for
Respondent. Dates of hearing : 23rd, 24th and 29th May 1962.
THE THAL DEVELOPMENT AUTHORITY-Appellant
VERSUS
NISAR AHMAD QURESHI-Respondent
Law: Limitation Act, 1908
Section: S. S read with Art. 158
Law: Civil Procedure Code (V of 1908)
Section:
Limitation Act (IX of 1908), S. S read with Art. 158-Section S not applicable for enlarging period of limitation prescribed by Art. 158 for making application for setting aside award Arbitration Act (X of 1940), S. 14. Civil Procedure Code (V of 1908), O. III [as amended by Civil Procedure Code (Amendment) Act (XXII of 1926)]-Provisions of Order apply not only to "pleader" but also to "advocate"- No pleader or advocate can act in Court unless duly appointed by instrument in writing-Civil Procedure Code (V of 1908), S. 2 (15)-High Court Rules and Orders (Lahore), Vol. V, Ch. 6-B, Part-B, r. 2 & Vol. I, Ch. 16-A, Part A. Mian Bashir Ahmad v. Mrs. Mary Minck A I R 1938 Lab. 698 fol. Laurentius Ekka and others v. Dukhi Koeri and another A I R 1926 Pat. 73 ; Allah Bakhsh and another v. Municipal Committee of Rohtak A I R 1926 Lab. 223 ; Kanhaiya Lai v. The Panchayati Akhara A I R 1949 All. 367 ; Machireddi Narappa v. Proddatur Subbarayadu and others A I R 1951 Mad. 340 ; Mst. Balqis Begun; v. Shahzada Muhammad Hamdam and others A I R 1934 Lah. 973 ; Rasul Shah v. Diwan Chand A I R 1936 Lab. 583 ; Sourend'a Nath Mitra and others v. Tarubala Dasi A I R 1930 P C 158 ; Messrs S. M. Qasim & Co. v. Messrs Sh. Azimuddin P L D 1962 Lab. fly and Hirabai Gendalal v. Bhagirath Ramchandra & Co. A I R 1946 Bom. 174 ref. Civil Procedure Code (V of 1908), O. III, r. 1 and Arbitration Act (X of 1940), S. 14-Filing of objections by pleader to application under S. 14, Arbitration Act, 1940-Amounts to pleader's "acting" on behalf of his client within meaning and scope of 0.111, Civil Procedure Code, 1908. JUDGMENT This first appeal has been filed by the Thal Development Authority against the order of Mr. Ishaq Rahim Bakhsh, Senior Civil Judge, Lahore, dated the 21st of March 1961, whereby the objections filed on behalf of the appellant were rejected and the award filed by Syed Fayyaz Ali Shah, Superintending Engineer. Northern Social Welfare Works Circle, P. W. D., was made the rule of the Court, and in accordance with the terms of the award the judgment was pronounced and a decree was…