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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---Petitioner's application against award in terms of S. 12(2);' C.P.C. was dismissed--­Petitioner's revision against dismissal of such application was also dismissed--­Validity---Leave to appeal to Supreme Court. was granted to consider the question as to whether keeping in view the fact that there was no sale-deed and no entry in Revenue Record as to alleged sale and considering relationship between petitioners and respondents, transaction of alleged sale could be considered as bona fide transaction and award in respect thereof was not collusive. Hamid Aslam Qureshi, Advocate-on-Record for Petitioners. S.M. Idrees, Advocate Supreme Court for Respondent No. 1. Date of hearing: 22nd January, 1997. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the order dated 4-4-1994 passed by a learned Single Judge of the Lahore High Court in Civil Revision No.433 of 1994, filed by the present petitioners against the dismissal of their application under section 12(2) C.P.C. assailing the award, which was made rule of the Court, through the judgment dated 16-1-1994 passed by the learned Civil Judge, 1st Class, Layyah, dismissing the same. 2. The brief facts are that Pir Mohammad. who is since died, filed Application No.5/12 of 1993 for setting aside the decree based on award against his son (respondent No. l Ch. Hameed Ahmad) and nephew (respondent No.2 Ch. Mushtaq Ahmad) in respect of about 100 Kanals of agricultural land. It appears that the above application was dismissed by the learned Civil Judge on the ground that the same was not competent against a decree based on an award. However, upon appeal, the case was remanded for deciding the same on merits. It appears that Pir Mohammad died and in his place, the petitioners (who are his six daughters) were impleaded as the applicants. It may be observed that Pir Mohammad left behind six daughters and one son i.e. the present petitioners and…

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