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PLD 1979 Lahore 368 LAHORE HIGH COURT Civil Revision No. 1173 of 1978, decided on 22nd November 1978. Dates of hearing: 31st October; 6th, 7th and 8th November, 1978. Before Muhammad Ilyas, J MESSRS SARGROH OIL INDUSTRIES LTD. Petitioner VS MESSRS EUROPEAN GRAIN AND SHIPPING LTD.-Respondent Altzaz Ahsan for Petitioner. Naim-ur-Rehman and Malik Muhammad Qayyum for Respondent. (a) Arbitration (Protocol and Convention) Act (VI of 1937)- Ss. 4, 5. 6, 7 & 8 read with Arbitration Act (X of 1940), Ss. 30 & 47-Applicability of statutes-Prejudging issue--Main case still pending and trial Court yet to decide issues relating to applicability of Act VI of 1937-Trial Court, held, should not have gone into question of applicability of Act X of 1940 on basis of a miscellaneous application. Act X of 1940 if held to be inapplicable to proceedings implication inevitable that in view of provisions of S. 47 of such Act even if such Act be not applicable, Act VI of 1937 would apply to arbitration matter before trial Court and such finding would prejudge main case regarding applicability or non-applicability of Act VI of 1937 to case-Opinion already expressed by trial Court on miscellaneous application being of tentative nature, trial Court, held, not barred from taking a different view on hearing entire case.-[Interpretation of statutes]. (b) Arbitration (Protocol and Convention) Act (VI of 1937)- S. 5-Civil suit-Shutting out of evidence-Trial Court having framed issues on question of misconduct of arbitrators and commission of illegalities by Board of Appeal and nothing on record showing respondent having raised any objection to striking of such issues, though entitled to do so, trial Court, held, bound to decide such issues-Court being not in a position to decide such issues in absence of evidence, trial Court, held further, acted unjustifiably in shutting out petitioner's evidence on such issues and obliging petitioner to produce evidence within ambit of Ss. 7 & 8 of Act VI of 1937.-[Civil suit[Evidence]. JUDGMENT This civil revision arises out of an application, under section 5 of the Arbitration (Protocol and Convention) Act, 1937, pending in the Court of Mr.…

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