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ALLAH BAKHSH versus ABDUR RAHIM


Section 8 of the Law in Evidence (10 of 1984), Article 58 Civil Procedure Code (V of 1908); Claim for possession of section 47, dispute or impeachment in pursuit of judicial evidence in a case related to fraud or sedition. When the matter arose between the two brothers, there was an arbitration agreement between them under which the arbitrator divided the property and consequently the land was settled. On the part of the respondents, the petition was filed for making a court award roll and during the hearing of the petition, the defendant's brother sold the land to the applicants and the plaintiff's brother was sold in the dispute, order in favor of the respondents. Request for Implementation of the Case was Approved As a result of the award, the respondents withdrew it and they sought an order for the possession of the applicants for which the land was sold and charged. It was stated in favor of the respondents as well as the respondents that the award was illegal and ineffective against their right. Oh. Respondent and his vendor brother had intercourse with the respondents were relying on him. The court passed the award and the decree after making it the rule of the court, while the applicants awarded the award and order. On the basis that it was challenged that it was not of any jurisdiction, in this case it could be shown that there was a decision, order or order by which it was proved. Negative party was presented by the court to be unable to supply it. In this case, there was a baseless question which was not answered, the case had no option but to remand to the High Court.

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