Citation Name: 2023 YLR 57 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. NOORAN MAI vs SHAFQAT ALI S

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Citation Name: 2023 YLR 57 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. NOORAN MAI VS SHAFQAT ALI S. 22---Qanun-e-Shahadat (10 of 1984), Art. 33---Report of arbitrator---Opportunity to parties to file objections before making award rule of court---Suit for declaration filed by petitioner that the sale deed and mutation were result of fraud---Petitioners' assertion was that she never alienated property to respondent---Respondent defended the transactions and asked for dismissal of suit---Parties agreed to refer the matter to the Lambardar of the village with undertaking that they would be bound by his decision---After seven days petitioner submitted an application to change the name of Lambardar for certain reasons---Petitioner placed three names and both the parties made consensus that no further application for change of arbitrator would be made---Petitioner filed another application for withdrawal of her offer for decision of case through arbitrator, which was turned down by Trial Court as well as revisional Court---Constitutional petition filed by petitioner was also dismissed by High Court---Arbitrator presented his report that version of petitioner was not correct and the property was rightly purchased by respondent---On basis of said report the suit of petitioner was dismissed---Said decision was assailed by the petitioners through an appeal which was also dismissed by Appellate Court---Held, that Art. 33 of the Qanun-e-Shahadat, 1984, made it clear that statement of person expressly referred for information with regard to matter in dispute was an admission---If a dispute was forwarded, the same had to be decided by the person on the basis of information that was already in his knowledge but he could not inquire into the controversy , hear the parties and decide the same---Arbitrator had to simply make a statement about the fate of conflict on the basis of information, nothing more nothing less---Award could not be made a rule of court without first giving an opportunity to the parties to file the objections thereto and decision thereof---Such omission on part of Trial Court was ignored by Appellate Court---Civil revision was allowed, in circumstances---Case was remanded to the Trial Court with the direction that suit shall be deemed to be pending and will proceed from the stage when the award by arbitrator was filed.

Citation Name: 2023 YLR 57 LAHORE-HIGH-COURT-LAHOREBookmark this Case Mst. NOORAN MAI vs SHAFQAT ALI S — 2023 YLR 57 LAHORE-HIGH-COURT-LAHORE

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