MUHAMMAD RAMZAN vs HAQ NAWAZ (DECEASED) Ss — 2023 CLC 582 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 CLC 582 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: CLC
Parties: MUHAMMAD RAMZAN vs HAQ NAWAZ (DECEASED) Ss
Subject matter: Civil
Provisions referred to: S. 115---; S. 115; Civil Procedure Code (V of 1908)

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 RAMZAN VS HAQ NAWAZ (DECEASED) Ss.17 & 30---Civil Procedure Code (V of 1908), S.115---award making rule of Court---Principle---Non-filing of objections---Effect---Concurrent findings of facts by two Courts below---Revisional jurisdiction of High Court---Scope---Petitioner was aggrieved of not making award as rule of Court by Trial Court as well as Lower appellate Court---Plea raised by petitioner was that when objections were never preferred for annulment of award, the Courts below were bound to make the same rule of the Court---Validity---When previous litigation before Court of law stood already culminated in favour of , it could not be believed by a prudent mind that he would have agreed for referring the same ispute for resolution through arbitration---Petitioner failed to prove construction or execution of reference deed---Power vested in Court to make an award rule of Court was judicial and not ministerial---absence of objections to an award did not absolve the Court of its responsibility to scrutinize it---High Court declined to interfere in judgments passed by two Courts below, as the same did not suffer from any jurisdictional defect nor any of the exceptions detailed under S.115, C.P.C. were attracted--- Scope of exercise of revisional jurisdiction was narrower and restricted only to the extent of correcting errors of law as well as facts, if were found to have been committed by subordinate Court in discharge of its judicial functions--- Revision was dismissed in circumstances.

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