Law:

Section:

(a) Civil Procedure Code (V of 1908)-------Preamble & S.9---Arbitration Act (X of 1940), Preamble---Applicability of general rule of C.P.C. to arbitration proceedings---Scope---General rule of Code of Civil Procedure though was applicable to all proceedings of civil nature, but scheme of Arbitration Act, 1940 was to curtail litigation in regular Court to get disputes settled by avoiding all types of procedural law---Technical rules of procedure contained in Code of Civil Procedure were not extended to arbitration proceedings---Provisions of C.P.C. were made available to all proceedings before the Court and not before arbitrator. Messrs Haji Hasham Haji Ahmed & Bros. V. Messrs Trading Corporation of Pakistan Ltd. Karachi PLD 1977 Kar. 480 and Abdul Sattar Mandokhal v. Port Qasim Authority 2000 YLR 758 ref. (b) Qanun-e-Shahadat (10 of 1984)--- --Arts. 1(2) & 18--Civil Procedure Code (V of 1908), O. XVI, Rr. 1 & 6---Examining witness---Restriction---Article 1 of Qanun-e-Shahadat 1984, though had excluded its applicability to proceedings before an arbitrator, but there was no provision of law under which Court could put restriction upon the right of a party to examine witnesses in support of his claim---Court/Arbitrator at the time of recording evidence was to see whether questions put to the witnesses were relevant to the dispute in the matter or not, but request to call a witness, except in exceptional circumstances, could not be denied. Khalid Mahmood Siddiqui for Plaintiff. Zahid F. Ebrahim for Defendant. ORDER KHILJI ARIF HUSSAIN, J.---Vide order, dated 5-4-2005, the dispute between the parties was referred to sole Arbitrator to decide the same within four months from the date of entering the Reference. Apparently parties filed claims before the learned Arbitrator and on behalf of the plaintiff some evidence has been recorded. Various documents in support of claim were filed by the plaintiff and admission and denial was carried out as ordered by the sole Arbitrator. It is stated by the learned counsel for the defendants that the plaintiff produced photocopies of the record, the contents whereof he has not disputed, but he disputed the…

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