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ABDUL KHALIQ versus BASHIR AHMED

Section 12 (2) Arbitration Act (X40 of 1940), Section 14 Constitution of Pakistan (1973), Article 199 Constitutional Appeal Arbitration Procedure The applicant's position was that the power of attorney who was executed in favor of his wife appointed him. Was not given the option of She could not, therefore, have the legal authority to appoint an arbitrator to refer the arbitration or the matter to the arbitrator, as the power of attorney in question referred to the arbitration case or any arbitrator to appoint the arbitrator. Option was not available on the record. There is a dispute between the parties regarding the underlying land. The whole proceeding, in the circumstances, with no arbitration, was without legal proceedings and as such there was no question of the arbitration proceedings, award or consequence thereof. Applicant under section 12 (2), the CPC was accepted and constitutional application was allowed in the prevailing principles best advocate from Jehlum lawyer