Muhammad Sabir vs Sheikh SAROSH IFTIKHAR S — 2024 CLD 938 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 CLD 938 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: CLD
Parties: Muhammad Sabir vs Sheikh SAROSH IFTIKHAR S
Subject matter: Civil
Provisions referred to: S. 20; Civil Procedure Code (V of 1908); Arbitration Act

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 Sabir VS Sheikh SAROSH IFTIKHAR S.20 (4)---Civil Procedure Code (V of 1908), O.VII, R. 11(a)---Term "sufficient cause"---Scope---Term "sufficient cause" used in S. 20(4) of Arbitration Act, 1940, is alike and akin to phrase "where it does not disclose a cause of action" used in R.11(a) of O.VII, C.P.C.---This is one of the grounds for rejection of plaint recognized by said provision of law---Proceedings in terms of S. 20 of Arbitration Act, 1940, are though in the nature of proceedings in a suit but in strict sense it is not a suit---When such application is moved a show-cause notice is to be issued to all the parties to the agreement requiring them to explain why agreement should not be filed---If sufficient cause is not shown to the contrary, the agreement is ordered to be filed.

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