1981 C I (PLP)
SARGODHA AND ANOTHER‑Petitioners Versus Messrs AKHTAR BROTHERS‑Respondent
| Citation | 1981 C I (PLP) |
| Forum / Court | Lahore |
| Bench Members | Aftab Hussain, J |
| Parties | SARGODHA AND ANOTHER‑Petitioners Versus Messrs AKHTAR BROTHERS‑Respondent |
Q1: What are the key laws and sections cited in 1981 C I (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 C I (PLP)?
The case was heard and decided by the Lahore bench comprising: Aftab Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 C I (PLP) (SARGODHA AND ANOTHER‑Petitioners Versus Messrs AKHTAR BROTHERS‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ashiq Hussain and M. A: Aziz Khan for Appellant.
- Malik Mohd. Nawaz for Respondent.
- Date of hearing : 27th Mad, 1980.
Headnotes / Summary
(a) Civil Procedure Code (V of 1908)‑ S. 151‑Treatment of revision as appeal‑Revision petition filed within time of limitation for appeal and properly stamped according to Court Fees Act, 1870‑Permission to treat revision as appeal, held, to be granted since any right vested in other party not thus taken away and matter merely one of rectification of a formality.‑[Revision (civil)‑Appeal (civil]. (b) Civil Procedure Code (V of 1908)‑ 5. 115‑Question of merits ‑ District Judge finding revision petition maintainable and refusing permission to convert same into appeal‑District Judge, held, could have alternatively gone into question of merits assuming conversion having been allowed. [Appeal (civil)]. (e) Arbitration Act (X of 1940)‑ S. 34‑Stay of proceedings‑Case adjourned on oral application of petitioner‑‑Petitioner, herd, took "further steps in proceedings" and thus debarred from invoking S. 34 for stay of proceedings in suit in view of an agreement to refer matter to arbitration. Messrs M. M. Yaseen v. Messrs Irving R. Boody & Co P L D 1957 Kar. 756 ; Government of Baluchistan and 4 others v. Mir Qadir Bakhsh & Sons P L D.1978 Quetta 204 and Badsha Meah Sowdagar v. Nurul Haq and others P L D 1967 Dacca 250 distinguished. Muhammad Idris and others v. Tobarak Hussain P L D 1965 Dacca 260 ; New Bengal Shipping Company v. Eric Lancaster Stump of Singapore P L D 1952 Dacca 22 ; Md. Esack v. Raja Miah and others P L D 1969 Dacca 719 ; G. M. Pfaff A. G. v. Sertaj Engineering Co. Ltd., Lahore and 3 others P L D 1970 Lah. 184 and Subal Chandra v. Md. Ibrahim A I R 1943 Cal. 484 ref.
Judgment & Decree
S. 151‑Treatment of revision as appeal‑Revision petition filed within time of limitation for appeal and properly stamped according to Court Fees Act, 1870‑Permission to treat revision as appeal, held, to be granted since any right vested in other party not thus taken away and matter merely one of rectification of a formality.‑[Revision (civil)‑Appeal (civil]. (b) Civil Procedure Code (V of 1908)‑ 5. 115‑Question of merits ‑ District Judge finding revision petition maintainable and refusing permission to convert same into appeal‑District Judge, held, could have alternatively gone into question of merits assuming conversion having been allowed. [Appeal (civil)]. (e) Arbitration Act (X of 1940)‑ S. 34‑Stay of proceedings‑Case adjourned on oral application of petitioner‑‑Petitioner, herd, took "further steps in proceedings" and thus debarred from invoking S. 34 for stay of proceedings in suit in view of an agreement to refer matter to arbitration. Messrs M. M. Yaseen v. Messrs Irving R. Boody & Co P L D 1957 Kar. 756 ; Government of Baluchistan and 4 others v. Mir Qadir Bakhsh & Sons P L D.1978 Quetta 204 and Badsha Meah Sowdagar v. Nurul Haq and others P L D 1967 Dacca 250 distinguished. Muhammad Idris and others v. Tobarak Hussain P L D 1965 Dacca 260 ; New Bengal Shipping Company v. Eric Lancaster Stump of Singapore P L D 1952 Dacca 22 ; Md. Esack v. Raja Miah and others P L D 1969 Dacca 719 ; G. M. Pfaff A. G. v. Sertaj Engineering Co. Ltd., Lahore and 3 others P L D 1970 Lah. 184 and Subal Chandra v. Md. Ibrahim A I R 1943 Cal. 484 ref. Ashiq Hussain and M. A: Aziz Khan for Appellant. Malik Mohd. Nawaz for Respondent. Date of hearing : 27th Mad, 1980.