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AIYSHA BIBI versus RIAZ BIBI


Section 42 of the Contract Act (72 of 18), IX), section 215 of the Law on Evidence (10 of 1984), Article 588 Civil Procedure Code (v. 1908), Section 12 (2) Order, Power of Attorney Authority on the one hand Keeping in mind that the lawyers were not processed, the controversial decree was granted on the basis of the award made in the arbitration proceedings, the appellant dismissing the application under section 12 (2), CPC, on the ground that any The authority was not given authority to contract or refer any dispute in arbitration or the application for appointment of arbitrator was dismissed by the appellate court Where the authority of the attorney is questioned by the principal, the lawyers' authority is subjected to very rigorous interpretation and close scrutiny. The whole arbitration proceeding was based on the arbitration agreement, neither the contract was presented nor was it Such authority was excluded from the lawyer dealing with the arbitration agreement or authorizing the attorney to appoint an arbitrator, as requested under section 12 (2), because the CPC was not necessary because Article 58 of the Convention Testimony Under this, the appellants were entitled to show that the disputed orders and orders were obtained by fraud or collusion and Award-based decision and decree The award itself was set aside, application was allowed under section 12 (2), under the circumstances CPC was allowed

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