Law:

Section:

(a) Civil Procedure Code (V of 1908)-- ----Ss.12(2) & 151---Constitution of Pakistan (1973), Art. 185(3)---Decree, setting aside of---Inherent jurisdiction of High Court---Application under 5.12(2), C.P.C. for setting aside of decree was converted into application under S.151, C.P.C.---Contention of -Petitioner was that in view of the specific provision for setting aside the decree, inherent jurisdiction of High Court could not have been exercised---Leave to appeal was granted to examine the contention. (b) Arbitration Act (X of 1940)--- ----Ss.26-A & 17---Award---Failure to record reasons for award---Effect--­Provisions of S.26-A, Arbitration Act, 1940 were mandatory and if the award had been given without recording any reason; the Court would remit the same to the arbitrator---Award having been given without recording any reason, should have been remitted to the arbitrator to give reasons---Where mandatory provisions of Ss. 17 & 26-A of Arbitration Act, 1940, had not been complied with, the award was invalid and not maintainable. (c) Civil Procedure Code (V of 1908)--- ----Ss.12(2) & 151---Arbitration Act (X of 1940), Ss. 17 & 26-A---Phrase "nothing in this Code shall be deemed' to limit or otherwise affect the inherent powers of the Court appearing in S.151, C.P.C.---Scope--­Application under S.12(2), C.P.C. to set aside decree was treated as one under S.151, C.P.C. by High Court and decree was set aside---High Court recalled its earlier order passed in second appeal and allowed the application on the ground that the award in the instant case was violative of Ss. 17 & 26-A of Arbitration Act, 1940---Validity---High Court under S:151, C.P.C. was empowered to make such orders as might be necessary for the ends of justice or to prevent the abuse of the process of Court notwithstanding the codal procedure---Where earlier order of High Court in terms of the award which being violative of Ss. 17 & 26-A of Arbitration Act,. 1940 was illegal and not maintainable, High Court in circumstances had wide powers to convert the application under S.12(2), C.P.C. into application under S.151, C.P.C. so as to undo the wrong---High Court, therefore,…

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