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Suit No. 211 of 1975, decided on 7th October, 1980.

‑‑ S. 3 read with Sched., cl. (l)‑Appointment of umpire‑Parties appointing even number of arbitrators‑‑Arbitration agreement postulat ing appointment of umpire only upon difference of opinion‑No differ ence of opinion arising between arbitrators‑Held, provision in arbitra tion agreement having been different from provisions of cl. (2) of Sched ule, contrary provision in agreement to prevail portent over provisions contained in cl. (2) of Schedule.‑[Arbitrator].

Jawala Parasad v. Amar Nath A I R 1951 All. 474; Ebrahim Ahmed v. Said Hosiery & Textile Mills P L D 1952 Sind 52; Firm Shri Ram Harachandas v. President, Cotton Seed Forward Delivery Managing Association A I R 1954 Nag. 236 and Vinayak Vishnu Sahasara Padhe v. B. G. Gadri and others A I R 1959 Bom. 39 distinguished.

Shambhu Nath tv. Hari Shanker Lai A I R 1954 All. 673; Labab Gul v. Badshah Gul P L D 1952 Pesh. 23; Balawal Khan v. Capt. Muhammad Alam Khan P L D 1956 Lah. 494 and Haji Sattar Haji Muhammad v. Abdul Karim Haji Issa and 3 others P L D 1958 Kar. 378 ref.

S. 28 read with Sched.; cl. (3)‑Extension of time for making award‑Arbitration agreement giving time for making award but not providing for extension of such time‑‑Parties agreeing to extend time before expiry of original time‑Arbitrators making award within such extended time without obtaining permission from Court for extension of time‑‑‑‑Held: All parties having agreed, time for making award could be extended by arbitrators.‑[Award].

Messrs Badri Narayan Agarwalla v. Pak Jute Bala Ltd. P L D 1966 Dacca 262 and Tayab Sharif v. Kassam Adamji P L D 1956 Sind 195 distinguished.

Haji Ghulam Mohiuddin v. Federation of Pakistan P L D 1967 Lah. 204 ref.

Akhtar Mahmood for Plaintiffs.

Noor Ahmed Noori for Defendants.

Dates of hearing : 15th and 16th September, 1980.

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