| Citation(s) |
|---|
| 1989 SLG 2016 1989 SLD 2016 1989 SCMR 1999 |
Supreme Court of Pakistan
Civil Petition No.402 of 1985, decision dated: 21st March, 1989.(From the judgment dated 4-3-85 of the Lahore High Court, Multan Bench passed in Civil Revision No.114/85)
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
Muhammad Aqil Mirza, Advocate Supreme Court and Mahmood A.Oureshi, Adovcateon-Record for Petitioner. Nemo for
Respondent.
Civil Petition No.402 of 1985, decision dated: 21st March, 1989.(From the judgment dated 4-3-85 of the Lahore High Court, Multan Bench passed in Civil Revision No.114/85)
MUHAMMAD AFZAL ZULLAH AND SAAD SAOOD, JAN, JJ
Muhammad Aqil Mirza, Advocate Supreme Court and Mahmood A.Oureshi, Adovcateon-Record for Petitioner. Nemo for
Respondent.
Hakim NOOR MUHAMMAD
VS
BASHIR AHMAD
Law:
Section:
(a) Arbitration-----Petitioner raised objection that although a panel of six arbitrators had been appointed yet only four had signed the award--Evidence, ex1sted before the Trial Court that award was a unanimous one but two of the arbitrators could not sign the same on account of illness--Objection thus was rightly rejected. (b) Registration Act (XVI of 1908)- ---S.17--Arbitration--Award dealt with immovable property--Registration not necessary. Kh. Muhammad Yousuf v. Kh. Abdur Rashid PLD 1967 Kar508 ref. ORDER SAAD SAOOD JAN, J.--There was a dispute between the parties in respect of a house situate in Farid Town, Sahiwal. On 17-5-73, they executed an agreement whereby they referred the dispute to a panel of six arbitrators. The arbitrators gave the award on 12-9-73, declaring that the house belonged to the parties in equal shares. On 15-11-1973, the respondent moved an application before the Civil Court at Sahiwal for making the award the rule of the Court. The petitioner raised a number of objections. After prolonged proceedings the Civil Judge by an order dated 12-2-84 rejected the objections and made the award rule of the Court. The petitioner filed an appeal before the District Judge which was dismissed. He then took a revision to the High Court but that too met with the same fate. He now seeks leave to appeal…
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