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PROVINCE OF PUNJAB versus SHER MUHAMMAD & CO.


Articles 21 and 39 of the Arbitration Act 1940 Appointment of Arbitration to one of the parties on the occasion of arbitration, without the consent of all parties, joining the arbitration proceedings without the consent of all parties, trial Without the consent of the court, even though there was an arbitration clause in the agreement, none of the parties may have resorted to this clause of the agreement before filing a pending arbitration proceeding before the court. By the agreement of all parties it is possible under section 21 of the Arbitration Act 1940 and not the selection or option of any party, despite the objections of one party, the trial court proceeded to refer the matter to the arbitrators as a court Was not valid There was no such power in view of section 21 of the Arbitration Act. In 1940, the order to refer to arbitration and award was invalid and unenforceable; any identification or participation by the opposing party in the proceedings before the arbitrators could not be verified by the decision of its inception and this case. The trial court's decision was upheld by the trial court. Such an award was put aside

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