Find a Lawyer

PAKISTAN THROUGH MINISTRY OF DEFENCE versus CH. FAZAL MUHAMMAD

Section 20 and 14 Civil Procedure Code (v. 1908), application under section 12 (2) section 12 (2), calls for the CPC to appoint an arbitration award which was ruled by the court, On this basis. There was no agreement between the applicant and the parties to the case. That the applicant was not a party to the arbitration proceedings nor did the arbitrator submit any notice to the applicant. That the applicant was not a party to the case nor was summons sought and this order was obtained through fraud. The applicant was not a party to the arbitration agreement, nor was the party solely required to appoint an arbitrator or refer the matter. Neither the arbitrator nor the applicant and the parties mentioned in the letter of appointment to the arbitrator were the parties to the dispute in the arbitration agreement, such as the appointment letter of the arbitrator, The arbitrator could not be given jurisdiction to decide the dispute, and thus the award was accepted on a false reference and there were no conditions necessary to approve the award. The award was void and without any scope The authority was granted, responsible for separating the High Court by emphasizing Section 12 (2), CP C separated the award and allowed the application in the circumstances top civil advocates from Mirpur Khas lawyer