Law:

Section:

Arbitration Act (X of 1940)-------Ss. 14 & 17---Constitution of Pakistan (1973), Art.185(3)---Arbitration award---Non-signing of the award by all arbitrators---Out of three arbitrators, one disassociated himself from the proceedings---Award was passed by the remaining two arbitrators and the Court made the award as rule of the Court---Validity---Leave to appeal was granted by Supreme Court to consider; whether the submission of award with the signatures of two arbitrators was valid and was not in conflict with the terms of agreement according to which it should have been signed by the three arbitrators; and whether the award being beyond the scope of agreement between the parties could not be made rule of Court and the decree passed on the basis of award was nullity in law. Muhammad Ramzan Chaudhry, Advocate Supreme Court and Mehmood A. Qureshi, Advocate-on-Record (absent) for Petitioner. Malik Azam Rasool, Advocate Supreme Court for Respondent No.1-A. Amjad Pervez, Advocate Supreme Court and Tanvir Ahmed, Advocate-on-Record (absent) for Respondents Nos. 5-6. Date of hearing: 5th May, 2003. ORDER MUHAMMAD NAWAZ ABBASI, J.-----This petition under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 has been preferred against the judgment, dated 26-9-2002 passed by a learned Single Judge of the Lahore High Court, Lahore in a civil revision arising out of a suit for declaration and permanent injunction. The parties in the present petition are legal heirs of Abdul Aula and the dispute between them related to their inherited property. 2. Muhammad Farooq, predecessor-in-interest of respondents 1-A to 1-K claiming ownership of the disputed properties, filed a suit for declaration and permanent injunction against the present petitioner and others in the Court of Senior Civil Judge, Gujranwala and except the petitioner and Muhammad Iqbal, the other legal heirs of Abdul Aula conceded in favour of Muhammad Farooq. The petitioner and Muhammad Iqbal contested the suit and during the course of proceedings the parties entered into an arbitration agreement wherein they by consent and mutual understanding appointed three Arbitrators namely Raja Waheed…

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