Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.1,2,S.94

Law: Civil Procedure Code (V of 1908)

Section: O.XXXIX,r.1,2,S.94

Law: Arbitration Act, 1940

Section: 34,8,10

Arbitration Act (X of 1940)-------S. 34---Reference of dispute to arbitrator---Stay of proceedings, application for---Word "arbitration" or "arbitrator" had not been used in the agreement arrived at between the parties and instead word "umpire" had been used, which had totally different meanings---Agreement, which was subject matter of the case, had already been terminated by one party; in such circumstances, when agreement itself was a disputed document, its arbitration clause had no sanctity and could not be invoked---One party had argued to the extent that in the document called agreement nowhere word "agreement" or arbitrator had been used---Word "arbitrator" had also not been used in application under section 34 of the Arbitration Act, 1940 which being not maintainable, was dismissed. 1990 CLC 47; PLD 1983 SC 344; 2003 YLR 1109; 1997 CLC 1177; 1993 MLD 993; 1992 MLD 2245 and 1970 SCMR 234 ref. Faisal Kamal for Plaintiff. K.B. Bhutto for Defendant No.1. ORDER KHAWAJA NAVEED AHMED, J.--- This Suit No.1357 of 2007 has been filed by Surgeon Munawar Ali Memorial Trust and Mrs. Durai now Fatima Chishti Mujahid against Health Vision a society registered under the Voluntary Social Welfare Agencies (Registration and Control) Ordinance, 1961 through its General Secretary Dr. Muhammad Shafiq Thahim as defendant No.1, Salani Welfare International Trust as defendant No.2 and Province of Sindh through Home Secretary as defendant No.3 for declaration, recovery and permanent injunction. The case of the plaintiffs is that plaintiff No.1 is a charitable trust, which runs the Surgeon Munawar Ali Memorial Hospital situated at Plot No.159 Bahadurabad, of Sirajuddolah Road, Karachi. This property was allotted to and was owned by late Surgeon Munawar Ali, the father of the plaintiff No.2. He had from his own funds established the said hospital in which the present Trustees of the plaintiff legal heirs of Surgeon Munawar Ali had made investments and improvements from time to time. After the death of late Surgeon Munawar Ali the entire property along with construction thereon devolved upon his legal heirs. The plaintiff No.2 was appointed the Administrator of the property by…

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