1981 PLP 1271 (CLC)
Hafiz ABDUL MUQTADIR AND ANOTHER‑Plaintiffs Versus Mst. M7iMTAZ BEGUM AND 4 others — Defendants
| Citation | 1981 PLP 1271 (CLC) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | Hafiz ABDUL MUQTADIR AND ANOTHER‑Plaintiffs Versus Mst. M7iMTAZ BEGUM AND 4 others — Defendants |
| Primary Law | (b) Civil Procedure Code (V of 1908)‑, (a) Arbitration Act (X of 1940)‑ |
Q1: What are the key laws and sections cited in 1981 PLP 1271 (CLC)?
This judgment primarily cites: (b) Civil Procedure Code (V of 1908)‑, (a) Arbitration Act (X of 1940)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 1271 (CLC)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 1271 (CLC) (Hafiz ABDUL MUQTADIR AND ANOTHER‑Plaintiffs Versus Mst. M7iMTAZ BEGUM AND 4 others — Defendants). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
O. XXXIX, rr. 1 8t 2 and Arbitration Act (X of 1940), S. 32‑. Injunction ‑ Suit to challenge decree obtained on basis of award obtained by fraud‑Competent‑Plaintiffs having a prima facie case‑ Balance of convenience lying in their favour and plaintiff likely to suffer irreparable loss if injunction granted by High Court vacated‑Ad Interim injunction confirmed in view of unusual facts of case. [Injunction‑Fraud].
Judgment & Decree
‑‑ S. 32 and Civil Procedure Code (V of 1908), O. VII, r. 11‑Suit Indep‑rendent relief not involving determination of existence of arbit ration agreement or an award or their effect, held, not barred by S. 32 of Arbitration Act and subsequent acts after acceptance of award can be subject‑matter of suit.‑[Award]. M. Moosa v. Muhammad and others 1975 S C M R 115; Khan Azizul Hassan Khan v. Haji Muhammad Ismail P L D 1972 Lah. 142; Sanwaldas v. Dharmumal and another 1973 S C M R 434 and Messrs Badri Narayan Agar wala v. Messrs Pak Jute Balers Ltd. P L D 1970 S C 43 ref. Abdul Karim v. Mirza Bashir Ahmad P L D 1974 S C 61 rel. (b) Civil Procedure Code (V of 1908)‑
O. XXXIX, rr. 1 8t 2 and Arbitration Act (X of 1940), S. 32‑. Injunction ‑ Suit to challenge decree obtained on basis of award obtained by fraud‑Competent‑Plaintiffs having a prima facie case‑ Balance of convenience lying in their favour and plaintiff likely to suffer irreparable loss if injunction granted by High Court vacated‑Ad Interim injunction confirmed in view of unusual facts of case. [Injunction‑Fraud]. Malik Umer Hayat Tiwana etc. v. Malkani Sahibzadi Tiwana etc. P L D 1978 Lah. 1253 ref. Abdul Majid Khan for Plaintiff. Dewan Bashir Ahmad for Defendants Nos. 1 and 2.