Law:

Section:

(a) Stamp Act (II or 1889)--- ----Ss. 35 & 36---Unstamped arbitration agreement---Proceedings taken were based on unstamped arbitration agreement---Validity---Neither award nor proceedings for arbitration could be set aside only on the basis that arbitration agreement was not stamped.--[Arbitration]. Union Insurance Company of Pakistan Limited v. Hafiz Muhammad Siddiq PLD 1978 SC 279 ref. (b) Arbitration Act (X of 1940) ----S.39---Civil Procedure Code (V of 1908), S.115---Order setting aside or refusing to set aside award, would be appealable ---Even otherwise an appeal could be treated as a revision under S. 115, Civil. Procedure Code, 1908: -[Appeal (civil)]. (c) Arbitration Act (X of 1940)--- ----S. 39---Award was not made rule of the Court on a wholly untenable ground that arbitration agreement was not stamped---Court failed to examine award in question to ensure that it did not suffer from any legal defect on the face of it---Case was, thus, remanded to Trial Court for decision afresh in accordance with law. JUDGMENT This is an appeal against order dated 9-1-1989 of the learned Civil Judge 1st Class, Jhelum, whereby he declined to make the award rendered by the arbitrators rule of the Court on the ground that as they arbitration agreement had not been stamped, it could not have been acted upon nor could any arbitration award be rendered in the proceedings, which had commenced on the basis of such an unstamped arbitration agreement. 2. Learned counsel for the appellant in support of this appeal, relying upon the judgment of the Supreme Court in Union Insurance Company of Pakistan Limited v. Harz Muhammad Siddiq PLD 1978 SC 279 contends that neither the award nor the proceedings for arbitration could be set aside only on the basis that the arbitration agreement was not stamped. This contention of learned counsel for the appellant is well founded and is fully supported by the precedent relied upon by him. 3. Learned counsel for the respondent did not dispute this proposition. He has, however, stated that there are other grounds available on the basis of which the impugned order refusing to make the award rule of the Court can be sustained. In this…

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