Law: Civil Procedure Code (V of 1908)

Section: 152,151

Law: Civil Procedure Code (V of 1908)

Section: 152,151

Law: Arbitration Act, 1940

Section: 15,16,30,33,17,26A

Arbitration Act (X of 1940)-------Ss. 17, 30 & 33---Civil Procedure Code (V of 1908), S.152---Law Reforms Ordinance (XII of 1972), S.3---Intra-Court Appeal---Correction of error---Scope---After the award was made rule of the court, appellant filed application under S.152 C.P.C. for correction of mistake in and decree whereby retention money was not ordered to be refunded---Validity---Once the court had pronounced according to award making it rule of the court after hearing objections filed under Ss.30 and 33 of Arbitration Act, 1940 or even if objections were not filed in exercise of power under S.17 of Arbitration Act, 1940, not to set aside the award but made it rule of the court, any clerical error or accidental slip in the award after, the objection to award was rejected, could not reopen the same by invoking S.152 C.P.C.---Appellant filed objections to award under Ss.15, 16, 30 and 33 of Arbitration Act, 1940, and after taking into consideration objections filed by appellant award was made rule of the court----Instead of filing appeal against the order, appellant filed application under S.152 C.P.C. for correction of findings recorded by sole arbitrator, who had taken into consideration all aspects of the matter and material available before him---Such findings recorded by sole arbitrator, which was made rule of the court after taking into consideration objections raised by appellant, could not be reopened in exercise of powers under S.152 C.P.C.---Division Bench of High Court declined to interfere with the order passed by Single Judge of High Court---Intra-Court Appeal was dismissed in circumstances. Muhammad Mumtaz Ali Khan v. Syed Muhammad Saadat Ali Khan AIR 1933 Oudh 293 and Lakshmi Narayanappa v. Batchyya AIR 1927 Mad. 70 ref. M.G. Dastgir for Appellant. Ghulam Hussain holding brief for Balal A. Khawaja for Respondent. Date of hearing: 18th September, 2008. JUDGMENT KHILJI ARIF HUSSAIN, J.--- Being aggrieved and dissatisfied by the order, dated 23-4-1995 in Suit No.565/83, dismissing an application under section 152, C.P.C., filed by the appellant for correction of mistake in judgment and decree, dated 18-4-1984 by allowing the refund of…

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