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Citation Name: 2024 CLC 449 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD QASIM vs MUHAMMAD ISMAIL Ss — 2024 CLC 449 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2024 CLC 449 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2024
Reporter
CLC
Parties
Citation Name: 2024 CLC 449 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD QASIM vs MUHAMMAD ISMAIL Ss
Subject matter
Civil
Provisions referred to
S. 34; S. 21; 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

Citation Name: 2024 CLC 449 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case MUHAMMAD QASIM VS MUHAMMAD ISMAIL Ss. 21 & 34---Civil Procedure Code (V of 1908), O.XII, R.2---arbitration---Petitioners were aggrieved of orders passed by Courts below rejecting application made by them under Ss. 21 & 34 of arbitration act, 1940---Validity---Respondents extended consent for arbitration through sole arbitrator before Revisional Court during pendency of suit before Trial Court---Such consent did not operate as estoppel against respondents when petitioners made an application before Trial Court under Ss. 21 & 34 of arbitration act, 1940---Legality of order made by Trial Court under O.XIII, R.2, C.P.C. was under adjudication before Lower appellate Court, in exercise of revisional jurisdiction---Trial Court rightly rejected application of petitioners made under Ss. 21 & 34 of arbitration act, 1940---Provision of S. 34 of arbitration act, 1940 was wrongly mentioned in caption of the application---Court could only refer matter/differences without consent of all interested parties under S. 21 of arbitration act, 1940---Respondents did not extend consent for arbitration, therefore, Trial Court rightly exercised its jurisdiction and Lower appellate Court rightly upheld the same---High Court declined to interfere with the orders passed by two Courts below---Revision was dismissed, in circumstances.

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