Law:

Section:

(a) Arbitration Act (X of 1940)--S.17---Civil Procedure Code (V of 1908), S.12(2)---Constitution of Pakistan (1973), Art.185(3)---Decree in terms of Award---Setting aside of--­Applicability of Civil Procedure Code, 1908---Extent---Leave to appeal was granted to consider whether High Court had correctly considered the question of applicability of Civil Procedure Code, 1908, in arbitration proceedings, particularly relating to setting aside the award; and whether the wrong nomenclature of proceedings before any Court which otherwise had jurisdiction to entertain the same and give verdict on merit thereof could at all be treated as real bar to grant of relief in accordance with law and jurisdiction; and further that if in case of bar in the description of provision relied upon by the appellant in application before First Appellate Court could same not be corrected by that Court or by the High Court and could it not be even converted into a proceeding as required by law. M/s. Combined Enterprises v. Water and Power Development Authority (WAPDA) PLD 1988 SC 39 ref. (b) Arbitration Act (X of 1940)-- ----Ss.17, 30 & 33---Civil Procedure Code (V of 1908), S.12(2)---Decree on basis of award---Setting aside of---Provisions of S.12(2), Civil Procedure Code, 1908, whether applicable where a decree had been passed under S.17, Arbitration Act, 1940---Arbitration Act, 1940, contains no provision for challenging such decree on ground that same had been obtained by misrepresentation and fraud, therefore, applicability of S.12(2), Civil Procedure Code, 1908, had not been excluded---Appellant's application under S.33, Arbitration Act, 1940 and S.12(2), Civil Procedure Code, 1908, being composite application for determination of effect of the agreement as provided by S.33, Arbitration Act, 1940, and challenging the decree on ground of fraud and misrepresentation should have been considered on merits instead of dismissing it on technical ground that no application under S.12(2), Civil Procedure Code, 1908, was maintainable---Application for setting aside decree obtained on basis of award under both the provisions viz. S.33, Arbitration Act, 1940 and S.12(2), Civil Procedure…

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