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MUHAMMAD YASIN versus HANIF AHMED


Section 17 (30) and 33 Civil Procedure Code (v. 1908), Section 12 (2) Section 12 (2), the award based on the provisions of the Civil Procedure Code, 1908, as applicable, where applicable under Section 17 An order has been passed under the Arbitration Act, 1940 Arbitration Act, 1940, There is no provision to challenge such decree on the basis that it has been obtained through misrepresentation and fraud, therefore, section 12 (2), the application of the Civil Procedure Code, 1908, the applicant's request was not excluded. Under Section 33, Arbitration Act, 1940 and Section 12 (2), Civil Procedure Code, 1908, a comprehensive request is being made to affect the agreement provided under Section 33, Arbitration Act, 1940, and fraud. And this interpretation should be challenged on the basis of misrepresentation. Instead of rejecting it on a technical basis, the merits of it were considered that no application was applicable under Section 12 (2), Civil Procedure Code, 1908, so as to keep the decree separate. d on the basis of award under both provisions

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