Law:

Section:

(a) Arbitration Act (X of 1940),Ss. 2 (c) & 33­--Validity of award challenged by application under S. 33­--Pecuniary Jurisdiction of Court how to be determined. The Court which would have jurisdiction to decide a suit in respect of the subject-matter, which is the subject­-matter of the reference which led to the making of the award, would have jurisdiction to determine the validity of the award. (b) Arbitration Act (X of 1940), S. 33-Applicant may put any valuation on application under S. 33-Suits Valuation Act (VII of 1887). S. 9-R. 10 of Rules framed by High Court under S. 9 is applicable to suits only. Rule 10 of the rules framed by the High Court under section 9 of the Suits Valuation Act, 1887, is not applicable to application made under section 33, Arbitration Act, 1940. The rule applies only to suits. The valuation for the purpose of jurisdiction of the application under section 33, Arbitration Act. 1940 must be determined in accordance with the provisions of the Arbitration Act, 1940 and not by a direct reference to the Suits Valuation Act. 1887. It is, therefore, open to an applicant to put any valuation on application made by him under section 33 of the Arbitration Act, 1940. JUDGMENT AKHLAQUE HUSSAIN, J.-This is an application in revision against an order dated the 1st of June 1957, passed by Sheikh Muhammad Shafi, Civil Judge Fourth Class. Lahore. by which he decided that he had jurisdiction to entertain an application filed by the respondent, Malik Muhammad Sadiq, under section 33 of the Arbitration Act of 1940. The respondent was a member of the petitioner Society, the Lahore-Ferozepur Transport Co-operative Society Limited, Lahore, and held 132 shares of the value of Rs. 100 each. It is alleged that by an application dated the 8th of December 1954, made to the Society, the respondent declared that he had transferred all his shares to his nephews and that the transfer was duly recorded in the books of the Society. Subsequently, however, the respondent challenged this transfer and the dispute was referred to the arbitration of Sayyed Manzoor Hussain, Deputy Registrar. Co-operative Industrial Society, Lahore, under Rule 18 of the Government…

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