1995 PLP 991 (MLD)
JEHANA and 4 others‑‑‑Petitioners Versus Mst. PARVEEN and 2 others‑‑‑Respondents
| Citation | 1995 PLP 991 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Gul Zarin Kiani, J |
| Parties | JEHANA and 4 others‑‑‑Petitioners Versus Mst. PARVEEN and 2 others‑‑‑Respondents |
| Primary Law | Civil Procedure Code (V of 1908)‑‑‑ |
Q1: What are the key laws and sections cited in 1995 PLP 991 (MLD)?
This judgment primarily cites: Civil Procedure Code (V of 1908)‑‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1995 PLP 991 (MLD)?
The case was heard and decided by the Lahore bench comprising: Gul Zarin Kiani, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1995 PLP 991 (MLD) (JEHANA and 4 others‑‑‑Petitioners Versus Mst. PARVEEN and 2 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Nawaz for Petitioners.
- Ch. Ghulam Hussain for Respondent No.1.
- Date of hearing: 2nd April, 1994.
Headnotes / Summary
‑‑‑‑S.12(2)‑‑‑Arbitration Act (X of 1940), Ss.14 & 17‑‑‑Stamp Act (II of 1899), Sched. I, Art.12‑‑‑Constitution of Pakistan (1973), Art.199‑‑‑Disposal of Constitutional petition on remanding the case on agreed terms of parties‑‑ Jurisdiction of Court making award rule of Court and adequacy of stamp duty payable on award in terms of Art.12, Sched. I, Stamp Act, 1899, being in doubt, High Court by agreement of parties set aside judgments of Courts below passed in exercise of jurisdiction under S.12(2), Civil Procedure Code, 1908 and that of Court making award rule of Court‑‑‑Case was remanded to Senior Civil Judge to try the application filed under S.14, Arbitration Act, 1940, for its decision afresh in accordance with law after affording reasonable opportunity of defence to respondent‑‑‑Parties to application under S.14, Arbitration Act, 1940, would have option to rely on evidence already, recorded in proceedings taken under S.12(2), Civil Procedure Code, 1908 for purpose of deciding application under S.14, Arbitration Act, 1940 or lead or add more evidence in that behalf:
Judgment & Decree
Civil Miscellaneous No.2741 of 1994 in Writ Petition No.233 of 1993, heard on 2nd April, 1995. ‑‑‑‑S.12(2)‑‑‑Arbitration Act (X of 1940), Ss.14 & 17‑‑‑Stamp Act (II of 1899), Sched. I, Art.12‑‑‑Constitution of Pakistan (1973), Art.199‑‑‑Disposal of Constitutional petition on remanding the case on agreed terms of parties‑‑ Jurisdiction of Court making award rule of Court and adequacy of stamp duty payable on award in terms of Art.12, Sched. I, Stamp Act, 1899, being in doubt, High Court by agreement of parties set aside judgments of Courts below passed in exercise of jurisdiction under S.12(2), Civil Procedure Code, 1908 and that of Court making award rule of Court‑‑‑Case was remanded to Senior Civil Judge to try the application filed under S.14, Arbitration Act, 1940, for its decision afresh in accordance with law after affording reasonable opportunity of defence to respondent‑‑‑Parties to application under S.14, Arbitration Act, 1940, would have option to rely on evidence already, recorded in proceedings taken under S.12(2), Civil Procedure Code, 1908 for purpose of deciding application under S.14, Arbitration Act, 1940 or lead or add more evidence in that behalf: Malik Muhammad Nawaz for Petitioners. Ch. Ghulam Hussain for Respondent No.1. Date of hearing: 2nd April, 1994. Since the jurisdiction of the Court making award rule of the Court and adequacy of stamp duty payable on the award in terms of Article 12 of Schedule I of the Stamp Act, 1899 were in doubt, therefore, by agreement of the learned counsel for the parties, judgments of the lower Courts passed in jurisdiction under section 12(2), Civil Procedure Code and that of the Civil Court making award rule of the Court on 11‑2‑1980 are set aside and the case is remitted to Senior Civil Judge, Khushab District to try the petition filed under section 14 of the Arbitration Act, 1940 by the petitioners for its decision afresh in accordance with law after affording a reasonable opportunity of defence to Mst. Parveen, respondent No.1 here. It shall be open to the parties to the petition under section 14 of the Arbitration Act to rely on the evidence already recorded in the proceedings taken under section 12(2), Civil Procedure Code for the purpose of deciding the application under section 14 of the Arbitration Act or lead and add more evidence in this behalf. Since the decision of the writ petition proceeded on consent of the parties' counsel, there shall be no order as to its costs in this Court. Parties shall appear before Senior Civil Judge, Khushab on 28‑5‑1994. Records shall be sent to his Court. A.A./J‑91/L Order accordingly.