Mushtaq Ahmad vs Allah Ditta S — 2025 MLD 1012 LAHORE-HIGH-COURT-LAHORE

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Mushtaq Ahmad VS Allah Ditta S. 12---arbitration act (X of 1940), Ss. 14 & 17---Power of attorney---Death of the principal---Decree attained against dead persons---Effect---arbitration proceedings, assailing of---Fraud and misrepresentation, asserting of---Petitioners (decree-holders) were aggrieved of acceptance of the application under S.12(2), C.P.C. filed by respondents, which acceptance was maintained by the appellate /District Court---Validity---after the death of the principal, the general power of attorney by operation of law becomes redundant and thereafter any transaction made by the said general power of attorney on the basis of said defunct instrument (General Power of attorney) will be considered as void, illegal and fraudulent in nature---In the present case, all the proceedings (including the arbitration agreement and arbitration decision) were initiated against the dead persons---a suit or proceeding initiated against a dead person are nullity in the eyes of law and such flaw in itself is not a curable defect---Petitioners filed an application under Ss.14 and 17 of the arbitration act, 1940, against a dead person and on behalf of said dead person, his real brother while showing himself as his attorney made conceding statement, which showed collusivety of both the brothers who committed fraud in grabbing the suit land by preparing a fake arbitration agreement and obtaining award from the arbitrator which culminated into making of award as rule of the Court---as the very general power of attorney had been declared as defunct and abated, thus any superstructure built on the basis of the said instrument stood automatically dismantled---Fraud vitiates the most solemn proceedings and any edifice so raised on the basis of such fraudulent transaction, stands automatically dismantled---any ill-gotten gain achieved by fraudster is not liable to be validated under any norms of law---Civil revision, being devoid of any merits, was dismissed with cost throughout.

Mushtaq Ahmad vs Allah Ditta S — 2025 MLD 1012 LAHORE-HIGH-COURT-LAHORE

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