Law:

Section:

Supreme Court Rules, 1980----O. XXVI, r.l--Arbitration Act (X of 1940), S. 20--Review--Appeal filed by respondent was directed against finding of High Court on one point i.e. that there was no arbitration agreement between petitioners and respondent and there war no appeal before Supreme Court with regard to other questions of law--Contention by petitioner that Supreme Court after reversing finding of High Court with regard to point decided by it for disposal, should have remanded case to High Court for decision on other question of law and fats which were raised in Appeal before High Court and not decided by it, held, carried force as by not following said course an error was committed which was apparent on face of record--Review petition allowed and case remanded to High Court for determination of other questions raised in appeal before it. Aftab Ahmad Khan, Advocate Supreme Court and Rao Muhammad Yousuf, Advocate-on-Record for Petitioners. Abdul Aziz Bajwa, Advocate Supreme Court for Respondent. Date of hearing: 30th April, 1985. ORDER NASIM HASAN SHAH, J.-- This is an application for review of the judgment of this Court, dated 18-5-1982. Learned counsel for both the parties have been heard. The facts, which form the background, are that petitioner No. 1 herein entered into an agreement with the respondent herein on 1-10-1967. The said respondent also entered into an agreement off 17-11-1969 with Cementation Company Limited (Petitioner No. 2 herein), which according to the respondent, was a subsidiary of petitioner No. 1. Disputes having arisen between the parties the respondent moved the Senior Civil Judge, Lahore under section 20 of the Arbitration Act, 1940 praying that the petitioners (herein) be directed to the original agreement, dated Ist October, 1967 as supplemented by the subsequent agreement, dated 17-11-1969 in Court. Several contentions were raised by the petitioners to the jurisdiction of the Court to entertain the matter, as also on the merits, but the learned Senior Civil Judge, by his order, dated 12-7-1974, decided all the issues against the petitioners and directed the filing of the original agreement in Court. Against the impugned order…

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