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INAYATULLAH KHAN versus OBAIDULLAH KHAN


Arbitration Act 1940 Articles 185 (2) (e) and (3) Arbitration Act (X of 1940), Articles 17 and 20 Dispute between the parties relating to their joint foreclosure property for which the matter is without any plea to the arbitrators and arbitrators. Was sought. In order to arbitrate either party, the trial court and the lower appellate court for filing the award in the court refused to make the award roll of the court high court in reviewing the concurrent decisions of the two courts and made the court award roll and Decree approved. According to the terms and conditions of the arbitration petitioner, a third party to the arbitration proceedings, a leave application was filed for appeal against the judgment and order passed by the High Court in which the initial objection was raised by the defendant. That the property in dispute is worth a while. Crore, according to Appellate Rights, was competent under Article 185 (2) (e) of the Constitution of Pakistan (1973) and could not exclude any leave for appeal. The relevant column was left blank if the price for the jurisdiction was recognized as one crore rupees, the first appeal before the District Judge was not applicable but can only be lied to the respondents' objection in the High Court. The record had no basis and, which was not raised before a court or under any stage before the High Court, cannot be allowed to be pressed at the Supreme Court level.

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