| Case ID |
514bbb50-6d50-4198-b143-8dda2787adaf |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 2742 of 2013 |
| Decision Date |
Nov 29, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court dismissed the revision petition filed by the petitioners. The court upheld the decisions of the lower courts, which had previously dismissed the application for making the arbitrator's award a rule of the court. The court found that the arbitrator had exceeded his authority by deciding issues not referred to him, particularly regarding the sect of the deceased Bahoo. The court emphasized that arbitration is intended to resolve disputes as per the specific terms agreed upon by the parties, and the arbitrator's actions deviated from this principle. The petitioners failed to provide adequate evidence supporting their claims, and the judgments of the lower courts were deemed to be well-founded and within the scope of their jurisdiction. |
| Summary |
In the case of Civil Revision No. 2742 of 2013, the Lahore High Court addressed an arbitration dispute involving MST. Daulan Bibi and others against MST. Aisha Bibi and others. The core issue revolved around the validity of an arbitrator's award concerning the sect of the deceased Bahoo, which the petitioners claimed was Sunni, while the respondents alleged he was Shia. The court analyzed the arbitration proceedings, emphasizing that the arbitrator had exceeded his authority by addressing the sect issue, which was not part of the original dispute. The court reaffirmed the sanctity of arbitration agreements and the necessity for arbitrators to adhere strictly to the terms of reference. The decision underscored the importance of having clear agreements in arbitration to avoid jurisdictional overreach and ensure fair resolution of disputes. The ruling serves as a crucial precedent in arbitration law, highlighting the boundaries of an arbitrator's powers and the need for compliance with established legal standards. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. MUHAMMAD MASOOD JAHANGIR, JUSTICE
|
| Lawyers |
Sultan Mehmood Dar
|
| Petitioners |
6 OTHERS,
MST. DAULAN BIBI
|
| Respondents |
3 OTHERS,
MST. AISHA BIBI
|
| Citations |
2014 SLD 744,
2014 YLR 1628
|
| Other Citations |
Not available
|
| Laws Involved |
Arbitration Act, 1940,
Qanun-e-Shahadat, 1984,
Civil Procedure Code, 1908
|
| Sections |
11,
17,
129(g),
115
|