Law:

Section:

Civil Procedure Code (V of 1908)---O. III, r. 6(2) read with Manual of Secretariat Instructions, Govern­ment of West Pakistan, para. 98-Service of notice-Word "letters" ­Includes all communications addressed to Department and so also a Court notice-Court notice also a communication-Service of notice on Superintendent-Held service on Secretary of Department as his agent. [Words and phrases] ORDER MUHAMMAD HALEBM, J.-The petitioner seeks special leave to appeal against the judgment of the Lahore High Court, Lahore, dated 14th of February, 1975, by which F. A. O. 69 of 1974 was dismissed. Under an agreement the first respondent agreed to construct the National College of Arts which contained a provision for arbitration. It so happened that a dispute arose over the payment of Rs. 78,000 which, by consent of the parties, was referred to the sole arbitration of Mr. S. M. Bhatti, who by his award allowed the payment of Rs. 33,149.34 to the first respon­dent. This award was filed in the Court of Civil Judge, 1st Class, Lahore, on 8th of July, 1973, and a notice was issued to the parties on 16th of July, 1973 to file their abjection by 30th of July, 1973. The notice was duly served on the second respondent who filed objections against award within the stipulated time but the notice intended for the petitioner, was returned on the 17th by the Superintendent. Receipt and issue Section of the Communication and Works Division with the following endorsement:- "Returned with the remarks that a copy of the plaint or other necessary particular to show as to which section in this Department is concerned, for it may kindly be sent so that it may be sent to the section concerned as in absence of this information in this respect no section accepts it." No further notice was sent for service on the petitioner but on 7th of November, 1973, the objections to the award were filed by the petitioners beyond the time limit giving the reason for the delay that it was only on 30th of October, 1973, that the petitioner had come to know of the filing of the award in Court which explanation was not accepted and by order dated 23rd of January, 1974, the objections were reject. Against this…

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