Law:

Section:

Keywords: Parties, Contentions, Order, Adequate, Executive, High Court, Customs, Revisional Jurisdiction, Trial Court, Objections, Fees, Impugned Judgment, Costs, Orders, Civil Court, Recovery, Set Aside, Provisions, Cross-Examination, Jurisdiction, Disposed Of, Proceedings, Dispute, Arbitration, Payment, Property, Examination, Procedure, Court-Fees Result: Revision dismissed JUDGMENT This revision application arises out of the following facts. On 21st July 1964 the respondent filed Suit No. 367/1964 against the applicant for recovery of a sum of Rs. 6,713.70. During the pendency of the suit the subject matter of dispute in the suit was referred to two Arbitrators. However, the two Arbitrators differed in their decision, consequently the matter was referred to the Umpire Mr. Abdul Karim Siddiqui for decision. After hearing the parties the Umpire gave his award on 22nd December, 1967 directing that the applicant pay to the respondent a sum of Rs. 6,692.20 with 6 % interest from the date of suit until payment. When the award was filed in the Court the applicant submitted objections and prayed for setting aside of the order. The learned- trial Court, how ever, dismissed the objections filed by the applicant and by order dated 3rd May, 1968 refused to set aside the award directing that the decree be passed in terms thereof. 2. Aggrieved by the aforesaid order the applicant filed appeal under section 39 of the Arbitration Act before the District Court, Karachi, which was ultimately disposed of by the learned IInd Additional District Judge, Karachi. The learned Judge in the Appellate Court besides repelling the contentions of the applicant on the merits also came to the conclusion that the appeal was not maintainable in so far as ad valorem court-fees were not paid on the memo of appeal. In the view taken by the learned Appellate Court, Article 11 of Schedule I1 of the Court Fees Act was not attracted in the case inasmuch as the order appealed against has the force of a decree and consequently ad valorem Court-fees were payable. In this view of the matter the learned 1Ind Additional District Judge, Karachi by his impugned judgment dated 29th March 1971 dismissed the…

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