| Case ID |
238c0738-c6b0-49e8-bcb2-97cb495f861f |
| Body |
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| Case Number |
Civil Revision No.997-D of 1996 |
| Decision Date |
Apr 01, 2005 |
| Hearing Date |
Apr 01, 2005 |
| Decision |
The Lahore High Court decided to remand the case back to the lower court, setting aside the previous judgments and decrees. The Court noted that a very vital question regarding the jurisdiction of the arbitrator and the validity of the decree remained unanswered. The High Court emphasized the necessity for the lower court to address all issues before reaching a decision, particularly in light of the allegations of collusion and jurisdictional incompetence raised by the petitioners. The suit is to be considered as pending, with parties directed to appear before the Senior Civil Judge on 3rd May 2005, which allows for a fresh examination of the case. No costs were awarded in this decision. |
| Summary |
This case revolves around a dispute regarding property ownership between two brothers, Nabi Bakhsh and Maulvi Muhammad Isa, leading to an arbitration agreement and subsequent sale of land. The Lahore High Court's decision to remand the case stems from issues of jurisdiction and potential collusion between the parties involved. The Court underscored the importance of addressing all legal nuances, particularly concerning the validity of the arbitration award and the decree that followed. The ruling highlights the complexities of property law, arbitration agreements, and the judicial process in Pakistan, ensuring that all parties have a fair opportunity to present their arguments in light of the allegations. This case is significant for understanding the interplay of civil procedure, specific relief, and evidentiary standards in property disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MAULVI ANWARUL HAQ, J
|
| Lawyers |
M. Naveed Hashmi,
Sardar Tariq Sher Khan
|
| Petitioners |
ALLAH BAKHSH,
|
| Respondents |
,
ABDUR RAHIM
|
| Citations |
2005 SLD 1397,
2005 CLC 1643
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (I of 1877),
Qanun-e-Shahadat (10 of 1984),
Civil Procedure Code (V of 1908)
|
| Sections |
8,
58,
47
|