Law:

Section:

(a) Arbitration Act (X of 1940)--- ----Ss. 30, 33 & 39---Appeal---Maintainability---Appellant never opted to have the award set aside as it had not filed any objection under Ss.30 or 33 of Arbitration Act, 1940---Appellant's case had been that of modification which was also not allowed by Trial Court---Effect---Appeal was not maintainable in circumstances. (b) Arbitration Act (X of 1940)--- ----S. 39---Civil Procedure Code (V of 1908), S.115---Conversion of appeal into revision---Principles---Appeal can be converted into a revision by converting memorandum of appeal into a revision petition and vice versa. Capital Development Authority Islamabad through Chairman v. Khuda Bakhsh and 5 others 1994 SCMR 771; Jane Margrete William v. Abdul Hamid Mian 1994 SCMR 1555; PLD 1984 Quetta 52; Ch. Muhammad Shafi and 8 others v. Settlement and Rehabilitation Commissioner, Lahore and 3 others PLD 1972 Lah. 187; Karam Khan and others v. Allah Bakhsh and others PLD 1995 Lah. 462; L. Charm Das v. L. Gur Saran Das Kapur AIR (32) 1945 All. 146; Sm. Blaika Devi another v. Kidar Nath Puri AIR 1956 All. 377 and Saravala Venkata Subbiah v. Kumara Ramiah AIR 1935 Mad. 184 rel. (c) Arbitration Act (X of 1940)--- ----Ss. 15, 30 & 33---Civil Procedure Code (V of 1908), S.115---Award---Modification---Award between parties was made rule of the Court---Petitioner sought modification of award but Trial Court dismissed such application---Validity---Award could not be set aside except on one or more of the grounds specified in S.30 of Arbitration Act, 1940, which included misconduct by arbitrator---Award having been announced after arbitration proceedings had become invalid or award had improperly been procured or the same was invalid---Parties wishing to have award annulled had to move the court under S.33 of Arbitration Act, 1940, after deposit of amount required to be paid under the award or furnishing security for the same to the satisfaction of court---None of such courses were adopted and instead application under S.15 of Arbitration Act, 1940, was moved for modification of award, which too was not followed by petitioner and was accordingly disposed of being not…

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