The IMPERIAL ELECTRIC COMPANY (PVT.) LTD. vs M/s — 2025 CLD 420 ISLAMABAD

Case information

Citation: 2025 CLD 420 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: CLD
Parties: The IMPERIAL ELECTRIC COMPANY (PVT.) LTD. vs M/s
Subject matter: Civil
Provisions referred to: S. 115---; S. 39; 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

The IMPERIAL ELECTRIC COMPANY (PVT.) LTD. VS M/s. ZHONGXING TELECOM PAK (PVT.) LTD. Ss.14(2) & 39---Civil Procedure Code (V of 1908), S.115---appeal---Maintainability---Revisional jurisdiction of High Court---Scope---Conversion of appeal into revision---Legality---Order as to declaring the award filed in the court as time barred---Legality---Such order passed by the Court of the District Judge did not fall within any of the categories enumerated in S. 39 of the arbitration act, 1940 which explicitly provides that an appeal shall lie from the orders listed in the said Section "and from no others"---appeal filed by the appellant against the order passed by the District Judge holding that the award was barred by law was not maintainable, however, by holding that the award was barred by the law, the District Judge had, in effect, refused to proceed further in the matter to exercise jurisdiction over the appellant's application to make the award a rule of Court---Such non-exercise of jurisdiction could be checked and corrected in the revisional jurisdiction of High Court under S. 115, C.P.C.---In case of satisfaction of court that the circumstances of the case justified conversion of an appeal into proceedings under S. 115, C.P.C., there was no legal bar to such a conversion---Decision by a subordinate court contrary to the law laid down in judgments of superior courts is a material irregularity or illegality within the meaning of S.115, C.P.C., which results in error of jurisdiction.

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