Law:

Section:

(a) Civil Procedure Code (V of 1908) O. XLI, r. 5­Stay order by High Court-Proceedings of Court of first instance after order entirely without jur2sdiction-High Court has inherent jurisdiction to deprive lower Court of jurisdiction to hear case when appeals or revision petitions are preferred to Where the ex parte decree as well as the order dismissing objections against award in default were passed after the High Court had passed an order staying further proceedings in the case: Held, that proceedings taken by the lower Court after the High Court order were entirely without jurisdiction. The High Court has inherent jurisdiction, in cases where appeals and revisions are preferred to it, to deprive the lower Court of jurisdiction to hear the case. Karam Ali and others v. Raja and others P L D 1949 Lah. 100 re . (b) Award-Application for setting aside dismissed in default, and decree ex parte in accordance with award passed on the same day-Application for restoration of application dismissed in default competent without applying for setting aside ex parte decree. It is not correct to say that the absence of an application to set aside an ex parte decree is a bar to hearing the application for restoration of objections to an award. A right to impeach a particular order cannot be affected by the fact that on the basis of that order another order which automatically follows the first order has been passed. A reference to the provisions of the Arbitration Act itself will make this matter clear, though the principle is one of general application. Section 39 of the Arbitration Act allows appeals to be filed in cases where the Court refuses to set aside the award. It is obvious that the moment the Court refuses to set aside the award, a decree is passed under section 17 of the Arbitration Act on the basis of the award. A right of appeal exists only against the order refusing to set aside the award and no appeal lies against the decree. If the existence of the decree were a bar to the hearing of an appeal against the order refusing to set aside the award no such appeal could succeed. If the appeal against the order refusing to set aside the order is accepted the decree…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492