Law:

Section:

Arbitration (Protocol and Convention) Act (VI of 1937)-------S. 4(1)---Arbitration Act (X of 1940), Ss. 32 & 33---Civil Procedure Code (V of 1908), O.VII, R. 11---Law Reforms Ordinance (XII of 1972), S. 3--­Intra-Court Appeal---Rejection of plaint in terms of O.VII, R. 11, C.P.C.--­Validity---Plaintiff had entered into agreement with respondent to supply him specified quantity of cotton but failed to supply the same---Agreement in question, contained arbitration clause whereby parties were required to submit their dispute to Liverpool Cotton Association for arbitration---Defendants submitted dispute to arbitrators appointed by Liverpool Cotton Association wherein plaintiff participated---Award made by arbitrators was assailed by plaintiff through suit, plaint whereof, was rejected by Single Judge as not maintainable---Plaintiffs had themselves agreed to Award to be made by Liverpool Cotton Association---No suit or application arising from said Award could be moved in any Court in Pakistan for want of territorial jurisdiction---No suit would lie on any ground, whatsoever, for decision upon existence, effect or validity of Arbitration agreement or Award, nor would any Arbitration agreement or Award be set aside, amended, modified or in any way effected otherwise than as provided under Arbitration Act---Foreign Award in terms of S. 4(1) subject to the provisions of Arbitration (Protecol and Convention) Act, 1937, would be enforceable in Pakistan as if it were an award made on a matter referred to arbitration in Pakistan---Provisions of Ss. 32 & 33, Arbitration Act, 1940, provide that Arbitration agreement or Award would be contested only by application and not by suit---Plaint was, thus, rightly rejected by High Court in terms of O.VII, R. 11, C.P.C., as being barred under Arbitration Act, 1940. JUDGMENT AGHA RAFIQ AHMED KHAN, J.---This is an Inter-Court Appeal from the order of the Single Judge sitting on original side, rejecting the plaint under Order 7, Rule 11, C.P.C. in Suit No.888/95 filed by the appellant for declaration and permanent injunction. The appeal has been dismissed in limine by a short order on 23-5-1996. These are the reasons for that…

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