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Applications ‑Nos. 3700 and 2353 of 1978 in Suit No. 214 of 1977, decided on 20th November 1978.
‑‑ Retrospectivity‑Amendment in law touching an existing right Held, cannot operate retrospectively unless so expressed.
Adnan Afzal v. Sher Afzal P L D 1969 S C 187 ref.
‑‑ S. 33‑Court closed for summer vacations and time allowed by Court for deposit of security expiring during such closure of Court Question of Award becoming rule of Co4rt, held, could not come into operation unless defendant failed to deposit security on re‑opening day of Court‑General Causes Act (X of 1897), S. 10.‑[Award].
Rakhadoo Issoo Kohari v. Narayan and others A I R 1959 Madh. Pr a. 352 ref.
‑ S. 33, second proviso [as omitted by Arbitration (Amendment) Ordinance (XXVII of 1977)]‑Prohibition of not entertaining application for setting aside award unless security furnished by defendant having been removed at time when Court could pass judgment in terms of award, defendants, held, possessed right to be heard in support of their objections on re‑opening day of Court‑Second proviso to S. 33 being a procedural provision and S. 33 itself being a remedial provision, such provisions, held, to be so construed as to advance remedy and prevent ends of justice from being defeated‑[Award].
Alhemdi Begun v. National Bank of Pakistan P L D 1976 Kar. 723 and Toor Gul v. Mumtaz Begum P L D 1971 S C 9 ref.
Tahir Hussain for Manzoor Ahmed Khan for Plaintiff.
Tariq Hussain for Defendant.
Date of hearing : 9th October 1978.
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