MUHAMMAD HASSAN vs ABDUL HALEEM S — 2022 CLC 355 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2022 CLC 355 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2022
Reporter: CLC
Parties: MUHAMMAD HASSAN vs ABDUL HALEEM S
Subject matter: Criminal
Provisions referred to: S. 153---; S. 32---D

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD HASSAN VS ABDUL HALEEM S.153---arbitration act (10 of 1940), S.32---Determination of real question/issue---Power and duty of court---Suit for declaration/permanent injunctions---Property purchased by respondents/plaintiffs whereof previous owner constructed ground water tank in front of the petitioner's/defendant's shop---Petitioners/defendant started interfering with the right to utilization of water by cutting pipeline---Suit was dismissed by Trial Court---appeal accepted by District Court---Petitioners/defendants contended that suit was not competent as dispute had been resolved by arbitrator---Respondents/plaintiffs stated that his suit was hit by arbitration act, 1940---Validity---Respondents/plaintiffs mentioned in plaint that where the ground water tank was constructed, the land beneath thereof was vested with Municipal Corporation being part of the street---Both courts below did not elaborate that aspect of the case---High Court observed that Courts should have to resolve such issue first---at time of decision by arbitrator, matter was not pending before any court, so award was not presented before the court for making it rule of the Court---High Court accepted the Revision petition, remanded the matter to Trial Court with direction to frame the said issue and direct the respondents / plaintiffs to file amended suit by impleading Municipal Corporation as party. Head NotesCase Description

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