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| Rules of arbitration and award of arbitrator. |
زیرِ سماعت مقدمے میں عدالت کی اجازت کے بغیر ثالثی کا ایوارڈ قابلِ نفاذ نہیں
⚖️ مقدمے کا پس منظر
⚖️ اہم قانونی اصول
Must read judgment.
2026 CLC 872
[Balochistan]
Before Muhammad Kamran Khan Mulakhail and Gul Hassan Tareen, JJ
SULEMAN TAHIR and others ---Petitioners
Versus
Dr. MUNIR AHMED KASI and others ---Respondents
Constitution Petitions Nos. 513, 514 of 2023 and 764 of 2022, decided on 12th September, 2025.
(a) Specific Relief Act (I of 1877)---
-Ss. 8, 42 & 54-Arbitration Act (X of 1940), 58.14, 21 & 47---Constitution of Pakistan, Art. 199---Constitutional petition-Arbitration during pendency of suit---Effect-Petitioners/plaintiffs were aggrieved of orders passed by Trial Court and Lower Appellate Court for not making award rule of the Court-Validity---Where Court makes an order of reference under 5.21 of Arbitration Act, 1940 the Court can make the award rule of the Court after discarding objections raised by any party (if any)---Where arbitration award is procured during pendency of a suit without intervention of Court before which suit is pending, then such award cannot be made rule of the Court under 5.14 of Arbitration Act, 1940 unless with the consent of all parties interested, it can be taken into consideration a compromise or adjudication of the suit under proviso to 8.47 of Arbitration Act, 1940-Suits were pending between the parties and without intervention of Trial Court, the differences were referred to arbitrators for decision-Arbitrators could not have been appointed without intervention of Trial Court as contemplated in 5.21 of Arbitration Act, 1940 therefore, such award was not legal and could not be made rule of the Court-Suit was instituted on 07-02-2019 and arbitrators made the award on 11-02-2020; the award was made subsequently and at the institution of suit there was neither any arbitration agreement nor award--High Court declined to interfere in the orders passed by both the Courts declining to make award as rule of the Court---Constitutional Petition dismissed in circumstances.
Farmers' Equity Private Limited v. Mehboob Alam 2013 CLC 434 ref.
(b) Arbitration Act (X of 1940)---
---S.14(1)---Arbitrator, jurisdiction of-Filing of award in Court-Procedure-Arbitrator should exhibit impartial conduct and after issuing notice of making and signing an award and cost of arbitration under $.14(1) of Arbitration Act, 1940 the arbitrator becomes functus officio and thereafter award can only be filed in Court either at the request of any party to arbitration agreement or if directed by the Court.
Inayatullah Khan v. Obaidullah Khan 1999 SCMR 2702 rel.
Habib Tahir for Petitioners (in Constitution Petition No. 513 of 2023).
Sultan Khalid for Respondents Nos. 1 to 3 (in Constitution Petition No. 513 of 2023).
Mehmood Sadiq Khokar for Respondents Nos. 6 to 14 (in Constitution Petition No. 513 of 2023).
Sultan Khalid for Petitioners (in Constitution Petition No. 514 of 2023).
Habib Tahir for Respondents Nos. 3 to 7 (in Constitution Petition No. 514 of 2023).
Mehmood Sadiq Khokar for Respondents Nos. 8 to 16 (in Constitution Petition No. 514 of 2023).
Habib Tahir for Petitioners (in Constitution Petition No. 764 of 2022).
Mehmood Sadiq Khokar for Respondents Nos. 1 and 2 (in Constitution Petition No. 764 of 2022).
Shai Haq Baloch, Addl: A.G. for Respondent No. 3 (in Constitution Petition No. 764 of 2022).