Law:

Section:

(a) Civil Procedure Code (V of 1908)-----0. XXX, Rr. 1 & 2--Arbitration Act (X of 1940), Ss. 8 & 2(a)-­Constitution of Pakistan (1973), Art. 185(3)--Contention that there was no arbitration clause in agreement and that the alleged agreement on the basis of which application under S. 8, Arbitration Act, 1940 was not signed and verified by all the partners of the firm--Leave to appeal granted to consider whether order of the High Court was contrary to the express provisions of O.XXX, Rr. 1 & 2, C.P.C. and as to whether Civil Revision filed against order appointing the arbitrator itself was not maintainable as it was filed after the arbitrator had entered on the reference and gave his award. [p. 45] A (b) Civil Procedure Code (V of 1908)-- ---0. XXX, Rr. 1, 2 & S. 141--Arbitration Act (X of 1940), Ss. 8 & 2(a)--Partnership Act (IX of 1932), Ss. 18 & 19--Contract Act (IX of 1872), Ss. 186, 188 & 45--Suits by or against firms--Procedure-­Provisions of 0. XXX, C . P . C . enabling provisions and exception to ordinary rule of joinder of persons having a joint cause of action and to provisions of S.45, Contract Act so far as initiation of proceedings by or against a firm was concerned--Firm not a juristic person but a compendious name for all partners of the firm--Using name of the firm in suits--Effect--Partner an agent of the firm-­Authority of partner to bind firm--Rule that relationship of partners inter se being principal and agent of each other--Exceptions--Implied authority of a partner--Express authority when required by a partner from other partners--Partner is, therefore, not debarred to initiate proceedings for appointment of an arbitrator in the name of the firm for referring dispute to the arbitration. Order XXX, Rules 1 and 2, C.P.C., provides a mode or form and the procedure for suits by or against the firms. By section 141 of the Code of Civil Procedure, this procedure is made applicable as far as possible to all proceedings in any Court of Civil jurisdiction. Order XXX, C.P.C. is an enabling provision and it was introduced in the Code of civil Procedure, 190$, Rule 1 of this Order permits partners constituting a firm to sue or be sued in the name of…

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