Law:

Section:

(a) Arbitration Act (X of 1940)-------S. 34---Specific Relief Act (I of 1877), S.42---Reference to Arbitrator---Agreement containing arbitration clause---Steps in the proceedings---Plaintiff's suit for declaration and injunction on basis of agreement, which contained an arbitration clause, was referred to Arbitrator by the Trial Court---Appeal against such order failed---Validity---Defendants had not abandoned and abdicated their stand for referring the dispute to the Arbitrator---No written statement was filed---Application for getting clarification of order of status quo also indicated their intention to get a reference to Arbitrator and not the intention to get the matter decided by Civil Court---No illegality or material irregularity in the exercise of jurisdiction by the Courts below was found---Civil revision was dismissed with costs in circumstances. The Province of the Punjab v. Messrs Irfan & Co., PLD 1956 (W.P.) Lah. 442 and Novelty Cinema, Lyallpur v. Firdaus Films and another PLD 1958 (W.P.) Lah. 208 distinguished. Badshah Meah Sowdagar v. Nurul Haq and others PLD 1967 Dacca 250 and Island Textile Mills Ltd., Karachi v: V/O Techno-expert and another 1979 CLC 307 ref. (b) Arbitration Act (X of 1940)--- ----S. 34---Steps in the proceedings---Criteria---Criteria to determine as to whether steps in the proceedings had been taken or not by the party--­Act and conduct of the party had to show his intention to waive the objection and to submit to the jurisdiction/proceedings of the suit to be conducted by Civil Court. Ch. Muhammad Amjad Khan for Petitioners. Muhammad Aslam Khan Dhukkar for Respondents. ORDER Through this civil revision, judgment/order dated 23-5-2000, passed by learned Additional District Judge, Rahimyar Khan in Civil Appeal No.9 of 2000 (Rana Muhammad Akram and others v. The Province of Punjab through Collector, Rahimyar Khan and 3 others), has been challenged, which has upheld the order, dated 14-4-2000 passed by learned Civil Judge, 1st Class, Rahimyar Khan under section 34 of the Arbitration Act, 1940, by which the matter was referred to the Deputy Commissioner, Rahimyar Khan for arbitration between the parties. 2. Facts, in brief,…

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