Law:

Section:

(a) Arbitration Act (X of 1940)--- ----S. 34---Constitution of Pakistan (1973), Art. 185 (3)---Leave to appeal was granted to consider whether the dispute disclosed in the plaint was covered by the arbitration clause of the agreement and principles of S. 34, Arbitration Act, 1940 had properly been applied. (b) Arbitration Act (X of 1940)--S. 34---Agreement---Arbitration clause---Exclusion of certain matters from purview of arbitration---Effect---Agreement between parties, inter alia providing exploitation by respondent of specified volumes of trees to be marked by appellants---Work order issued allegedly after marking of trees and respondents entering the site and carrying on the exploitation work--­Appellants subsequently withholding the relevant field book issued to respondent and forbidding it from carrying on the exploitation work--­Respondent filing suit against appellants for permanent injunction---Appellants moving application under S. 34, Arbitration Act for stay of suit on ground that the agreement provided reference of all disputes arising under the agreement to arbitrator---Dismissal of stay application by Trial Court as well as by Appellate and Revisional Court---Appeal to Supreme Court---Held, allegations made in the stay application filed by appellants were vague--­Arbitration clause in the agreement had expressly excluded matters the decision of which had been provided in the agreement and as the agreement had specifically provided the procedure for dealing with unauthorised cutting of trees not marked by the appellants, the dispute of cutting of unauthorised trees could not be referred to arbitration and as such High Court had rightly refused to interfere in the findings of Courts below. (c) Civil Procedure Code (V of 1908)--- ----O.XXXIX, Rr. 1 & 2---Temporary injunction restraining appellants from interfering in lawful exploitation of area in terms of agreement---Grant of injunction---Property---Number of fell trees due to windfall were also to be counted between parties for appropriation towards the permitted exploitation under the agreement and management plan---Quantity of cut trees by respondent if added with volume of fell trees due…

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