Law:

Section:

(a) Constitution of Pakistan (1973)--Art. 185 (2) (e) & (3)---Arbitration Act (X of 1940), Ss. 17& 20---Dispute between parties related to property of their common predecessor for which matter was referred to arbitrators and arbitrators suo motu without request of any party to arbitration, filed award in Court to make same the rule of Court--­Trial Court and Appellate Court below refused to make award rule of Court--­High Court in revision r.-versed concurrent s of two Courts below and made award rule of Court and passed decree in accordance with terms and conditions of award---Petitioner, another party to arbitration proceedings, filed petition for leave to appeal against and decree passed by High Court to which preliminary objection was raised by respondent to the effect that property in dispute being of worth of one crore, appeal as of right was competent under Art. 185 (2) (e) of Constitution of Pakistan (1973) and no petition for leave to appeal could lie---Validity---Respondent had moved High Court in revision and relevant column of Form relating to valuation was left blank---If value for purpose of jurisdiction was admitted as rupees one crore, then first appeal was not competent before District Judge but could lie only in High Court---Objection of respondent for which there were no basis on record and which had not been raised earlier either before Courts below or High Court at any stage, could not be allowed to be pressed at Supreme Court level. Wajid Ali v. Syed Sajid Ali 1985 SCMR 401 ref. (b) Arbitration Act (X of 1940)--- ----S. 14---Limitation Act (IX of 1908), Sched., Arts. 178 & 181---Constitution of Pakistan (1973), Art. 185---Appeal before Supreme Court---Filing award to Court for making same rule of Court---Limitation---Appellant had contended that award which was filed by arbitrators in Court after more than three years, was time-barred under Art. 181 of Limitation Act, 1908 and on that Court same could not be made rule of Court---Earlier, issue of limitation was framed -on objection of appellant and same was decided against appellant by Trial Court, but such decision was not challenged by the appellant before High Court---…

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