| Case ID |
224e4264-6bfa-40e1-8702-afb0b6f7ca5b |
| Body |
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| Case Number |
Letters Patent Appeal No. 43 of 1951 |
| Decision Date |
Feb 19, 1953 |
| Hearing Date |
|
| Decision |
The appeal was accepted, and it was held that the arbitrators had failed to decide the entire matter referred to them. The award was insufficient as it did not complete the actual division of the property, and thus was not final. The case was remitted to the arbitrators for completion of their work, with the direction that a time frame should be set for the submission of the completed award. The court emphasized that the arbitrators should not delegate their responsibilities to the court, as this could undermine the arbitration process. |
| Summary |
In the case of Letters Patent Appeal No. 43 of 1951, the Lahore High Court addressed the complexities surrounding arbitration under the Arbitration Act, 1940. The case involved a dispute over property partition among family members. The arbitrators appointed failed to complete the partition, leading to an appeal. The court clarified that a Letters Patent Appeal is not a 'second appeal' as defined in the Arbitration Act and is permissible. The decision highlighted the importance of arbitrators fulfilling their roles completely without delegating essential responsibilities to the court. The ruling serves as a crucial reference for arbitration law and the interpretation of appeals in family property disputes, emphasizing the need for thoroughness in arbitration awards. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
S. A. REHMAN,
MUHAMMAD JAN
|
| Lawyers |
Akhlaq Hussain,
Ghulam Abbas Jafrey,
Muhammad Yaqub Ali Than,
M. B. Zaman
|
| Petitioners |
Mst. ALLAH WASAI
|
| Respondents |
Manzoor Ahmad,
Muzaffar-ud-Din,
Zahoor Ahmad
|
| Citations |
1953 SLD 112,
1953 PLD 284
|
| Other Citations |
Not available
|
| Laws Involved |
Arbitration Act, 1940
|
| Sections |
39(2)
|