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Civil Revision No. 472 of 1980, decided on 27th May, 1980.
S. 151‑Treatment of revision as appeal‑Revision petition filed within time of limitation for appeal and properly stamped according to Court Fees Act, 1870‑Permission to treat revision as appeal, held, to be granted since any right vested in other party not thus taken away and matter merely one of rectification of a formality.‑[Revision (civil)‑Appeal (civil].
5. 115‑Question of merits ‑ District Judge finding revision petition maintainable and refusing permission to convert same into appeal‑District Judge, held, could have alternatively gone into question of merits assuming conversion having been allowed. [Appeal (civil)].
S. 34‑Stay of proceedings‑Case adjourned on oral application of petitioner‑‑Petitioner, herd, took "further steps in proceedings" and thus debarred from invoking S. 34 for stay of proceedings in suit in view of an agreement to refer matter to arbitration.
Messrs M. M. Yaseen v. Messrs Irving R. Boody & Co P L D 1957 Kar. 756 ; Government of Baluchistan and 4 others v. Mir Qadir Bakhsh & Sons P L D.1978 Quetta 204 and Badsha Meah Sowdagar v. Nurul Haq and others P L D 1967 Dacca 250 distinguished.
Muhammad Idris and others v. Tobarak Hussain P L D 1965 Dacca 260 ; New Bengal Shipping Company v. Eric Lancaster Stump of Singapore P L D 1952 Dacca 22 ; Md. Esack v. Raja Miah and others P L D 1969 Dacca 719 ; G. M. Pfaff A. G. v. Sertaj Engineering Co. Ltd., Lahore and 3 others P L D 1970 Lah. 184 and Subal Chandra v. Md. Ibrahim A I R 1943 Cal. 484 ref.
Ashiq Hussain and M. A: Aziz Khan for Appellant.
Malik Mohd. Nawaz for Respondent.
Date of hearing : 27th Mad, 1980.
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