Case Details

Citation(s)
2010 SLG 1543 2010 SLD 1543 2010 YLR 164
Lahore High Court
Civil Revision No. 23 of 2007, heard on 15-05-2009.
ALI AKBAR QURESHI, JUSTICE
Petitioner(s) by: Muhammad Shahzad Shaukat
Respondent(s) by: Syed Abid Mumtaz Tirmzi

CHAUDHARY SARDAR MUHAMMAD KHAN THROUGH LEGAL HEIRS

VS

MUHAMMAD JAFAR KHAN AND 3 OTHERS

Law: Arbitration Act, 1940

Section: 14,14(1),17

Law: Civil Procedure Code (V of 1908)

Section: 15,115

Law: Limitation Act, 1908

Section: 178,181

(a) Arbitration Act (X of 1940)--- ----Ss.14 &17---Limitation Act (IX of 1908), Arts. 178 & 181---Application for making award rule of court---Limitation---Announcement of award by Arbitrator on 13-8-1995 in presence of both parties, who put their signatures on award--- Filing of such application on 25-1-2000--Validity---Article 178 of Limitation Act, 1908 would apply where notice of making award was given to parties by Arbitrator---Limitation under Art. 178 of Limitation Act, 1908 would start from date of service of such notice on parties--Where notice to parties was not given by Arbitrator under S.14 (1) of Arbitration Act, 1908, then provision of Art. 181 of Limitation Act, 1908 would apply to such application---Parties in the present case already knew about announcement of award, thus, such application could be made within three years as provided under Art. 181 of Limitation Act, 1908---Such application filed on 25-1-2000 for being time-barred was dismissed in circumstances. Chotirmal Khushaldas v. Laloomal Nariomal AIR 1935 Sind 136; Sagar Mal and another v. Parsotam Das and another AIR 1942 Allahabad 36; The Pakistan Employees Co-operative Housing Society Ltd; Karachi v. Mst. Anbwar Sultana and others PLD 1969 Karachi 474; Mst. Bakhan and 11 others v. Mst. Sadan and another 2007 MLD 576; Bibi Najam and others v. Abdul Rehman 1998 SCMR 1304; Kh. Muhammad Yousuf v. Kh. Abdur Rashid and others PLD 1967 Karachi 508; Seonerain Lal v. Prabhu Chand AIR 1958 252; Noor Nabuwwat v. Moulvi Muhammad Noor Ali Khan 1999 CLC 1685; Messrs Jame's Construction Company Pvt. Limited, Lahore through Executive Director and others v. Province of the Punjab through Secretary to the Government of the Punjab Communication and Works Department, Punjab, Lahore and others 2000 SCMR 1010; Nazir Ahmad and others v. Haji Nazir Ali and 3 others 2006 MLD 907; Mst. Farida Malik and others v. Dr. Khalida Malik and others 1998 SCMR 816; Lachman Dass v. Ram Lal and others 1990 PSC 809; Haji Nawab Din v. Sh. Ghulam Haider and another 1988 SCMR 1623; U Kelatha v. U Pannawa AIR 1940 Rangoon 228; Sanjeevamina v. Yarram Purnamma and others AIR 1984 Andhra Pradesh 28; Aditya Kiumar De…
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