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MUHAMMAD SHAFI versus M.IQBAL HUSSAIN

The Civil Procedure Code appeals against the RPR of Order XMLII Orders Section 34 Civil Procedure Code (V8 1908), O XLIII, R1 has the power to refer arbitration verification in this case on the basis of its arbitration case. I will continue the trial. In keeping with the terms of section 34, the Arbitration Act, 1940 ?, and judicial decisions should be used judiciously, keeping in view the facts and circumstances of each case, courts generally agree with the parties on the basis of their agreement. Should do. Disputes are settled through negotiations and the application of the Arbitration Act, 1940, should not be lightly ruled out, however, it depends not only on the existence of an arbitration agreement, but on certain Must agree on other terms as well. The agreement is to prove not only through the evidence but also to show that he was ready and at the time when the case was filed, even when the case was resolved by arbitration to resolve the dispute. At that time the respondents' silence was filed in response to the earlier notice, though it could not be demanded. Similar to his desire to seek arbitration, but the position would be different when he had refused or failed to respond to the notice of dispute by the opposing party through arbitration, so where the applicant in his letters Asked the defendants for a mutual agreement. For mediation, the defendants clearly indicated their willingness to settle the dispute through clarification in their responses. best advocate from Rahwali lawyer