Citation Name: 2024 PLD 75 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAKAULLAH vs GHAZI KHAN Ss — 2024 PLD 75 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2024 PLD 75 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2024
Reporter: PLD
Parties: Citation Name: 2024 PLD 75 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAKAULLAH vs GHAZI KHAN Ss
Subject matter: Civil
Provisions referred to: S. 17; S. 115---A; S. 33; Registration Act (XVI of 1908); Civil Procedure Code (V of 1908); Registration Act; 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

Citation Name: 2024 PLD 75 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case ZAKAULLAH VS GHAZI KHAN Ss. 17, 21, 22, 30 & 33---Registration Act (XVI of 1908), S. 17(1)(e)---Civil Procedure Code (V of 1908), S. 115---Award, setting aside of---Un-registered award---Effect---Format of objections---Petitioner was aggrieved of an un-registered award made rule of the Court by Lower Appellate Court---Validity---Award related to an immoveable property of value more than Rs. 100/- ---Such award was compulsorily registerable under S. 17(1) (e) of Registration Act, 1908---Such award if not registered could not be made rule of the Court under S. 17 of Arbitration Act,1940---Written reply, counter affidavit or objections, submitted in reply of application made under S. 17 of Arbitration Act, 1940 amounted to an application under Ss. 30 & 33 of Arbitration Act, 1940---Separate application for setting aside the award was not requirement of law---Provisions of Ss. 30 & 33 of Arbitration Act, 1940, were meant to provide an opportunity to objector to the award to raise objections with a view to have the award set aside---Respondent filed objections to the application made under Ss. 14 & 17 of Arbitration Act, 1940 in which he had raised all the objections---Objections of respondent could be considered as an application under S. 33 of Arbitration Act, 1940---Lower Appellate Court while making award as rule of the Court had exercised jurisdiction not vested in it and the order was result of jurisdictional error---High Court set aside judgment and decree passed by Lower Appellate Court---Revision was allowed, in circumstances.

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