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ABDUL KARIM versus ZAR BIBI


The discharge of the CPC and the Civil Procedure Code Order XXIII Civil Procedure Code (VV 1908) R X Award S 47, Arbitration Act, 1940 of the Adjustment of Suits Sections 21 and 47 may be obtained otherwise. To be recognized as a minimum compromise / adjustment of suit and no decree can be granted under Rule 011, R3, CPC, when no award can be made on the parties without their consent. Where the arbitration agreement was not agreed upon by all relevant parties, such agreement would be such. Is invalid and cannot give the arbitrator jurisdiction to adjudicate its decision and dispose of dispute between the parties, the award given on the basis of false reference cannot be justified because the award on the invalid reference is also disputed. The parties shall not be bound to void and the arbitration agreement will be solely because of the agreement. , The parties' consent to resolve their disputes through arbitration was necessary. When the court was to hold the award as a compromise or an adjustment, before considering consideration under oh XXII, R 3, CPC. The Court's satisfaction with such an adjustment was a necessary prerequisite, not a mediation agreement. All parties were affected by the consent and such award was not valid

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