| Citation(s) |
|---|
| 1965 SLG 4468 = 1965 SLD 4468 = 1965 PLD 9 |
Azad J. & K
Civil Appeal No. (?) of 1964, decided on 16th April 1964.
Presented By: Kh. Muhammad Sharif and Yar Muhammad Khan, JJ
Muhammad Abdul Latif Faruqui v. Nisar Ahmad and another P L D 1959 Kar. 465 ref. M. A. Hafeez Government Advocate for Appellant. T. H. Tariq and Kh. Muhammad Shafi for
Respondents.
Civil Appeal No. (?) of 1964, decided on 16th April 1964.
Presented By: Kh. Muhammad Sharif and Yar Muhammad Khan, JJ
Muhammad Abdul Latif Faruqui v. Nisar Ahmad and another P L D 1959 Kar. 465 ref. M. A. Hafeez Government Advocate for Appellant. T. H. Tariq and Kh. Muhammad Shafi for
Respondents.
AZAD J. & K. GOVERNMENT-Appellant
VERSUS
SHAHEEN TIMBER TRADING CORPORATION Respondent
Law: Civil Procedure Code (V of 1908)
Section: 1
Law: Arbitration Act (X of 1940)
Section: 20,39,20(4)
(a) Civil Procedure Code (V of 1908) O.XLI, r.1 Presenta tion of appeal-Non-compliance with provisions-Mere irregularity Jurisdiction of Court to hear appeal not affected. Mst. Karam Nishan v. Mehrban Ali Shah P L D 1959 Lah. 946 ref. (b) Arbitration Act (X of 1940) Ss. 20 & 39 read with Azad Jammu & Kashmir Courts and Laws Code, 1949, S. 13 (3) Application under S. 20, Arbitration Act, 1940-`Suit' within meaning of S. 13(3), Azad Jammu & Kashmir Courts and Laws Code, 1949Order of Single Judge revoking authority of arbitrator nominated in agreement deed, and appointing another in his place-Appealable. Muhammad Ishaque v. State P L D 1963 Azad J & K 1; 59 I C 755; 61 I C 390; 117 I C 94; 137 I C 266; A I R 1927 Born. 259 and A I R 1928 Mad. 969 (2) ref. (c) Arbitration Act (X of 1940), S. 20 (4)-Claim time-barred "Sufficient cause" within meaning of section. JUDGMENT KH. MUHAMMAD SHARIF, J.-This is an appeal against the order of a learned Single Judge of this Court dated 20-1-1964 whereby the appellant was directed to file the agreement in the Court and instead of the Chief Conservator of Forests, the arbitrator nominated in the agreement, Col. Adalat Khan was appointed as arbitrator by the Court. Kh. Muhammad Shafi, Advocate on behalf of the respondent raised two preliminary objections that the appeal is time barred; that the order of the learned Single Judge in so far as itrevokes the authority of the arbitrator nominated in the agreement and appoints Col. Adalat Khan as arbitrator is not appealable. As regards the first preliminary objection the learned counsel's contention was that the appeal was to be filed within 20 days from the date of the order under Article 151 of the Limitation Act and that the appeal which was presented to Court 94 8-2-1964 should not be treated to be within time though `20 days' time had not expired on 8-2-1964 since it had not been presented before any officer competent to receive the same. The appeal was presented on the 19th day to the Court and it was received by the Reader of the Court on behalf…