MUHAMMAD SHARIF AND ANOTHER vs TAT DIN AND ANOTHER — 1971 PLD 693

Citation: 1971 PLD 693

Court: Lahore High Court

Year: 1970

Decision Date: 1970-11-28

Parties: MUHAMMAD SHARIF AND ANOTHER vs TAT DIN AND ANOTHER

Headnotes

Case cited as PLD 1971 Lahore 693

Judgment Text

Court Name: Lahore High Court Judge(s): Sheikh Anwarul Haq, Karam Elahi Chauhan Title: MUHAMMAD SHARIF AND ANOTHER vs TAT DIN AND ANOTHER Case No.: Letters Patent Appeal No. 181 of 1970 Date of Judgment:1970-11-28 Reported As: PLD 1971 Lahore 693 Result: Appeal dismissed JUDGMENT JUDGMENT KARAM ELAHEE CHAUHAN, J.--In a suit filed by Muhammad Sharif (hereinafter called the plaintiff) against (i) Taj Din son of Khair Din ; (ii) Meraj Din son of Muhammad Din and (iii) Taj Din son of Siraj Din (hereinafter called the defendants), for dissolution of partnership and rendition of accounts of firm "Taj Din & Company Amritsari", the parties agreed to refer their disputes to arbitration in this way that one arbitrator was appointed by the plaintiff and defendant No, 3 jointly and one jointly by defendants Nos, 1 and 2 who alone contested the suit. Defendant No, 3 had actually earlier supported the claim of the plaintiff and then joined in arbitration. There was a stipulation in the arbitration agreement that in case of difference between the two arbitrators so appointed, the matter was to be referred to an umpire. It is not necessary to enter into the chequered stages through which the case had been passing and it will suffice for the purpose of the present appeal to state that the arbitrator appointed by defendants Nos, 1 and 2, namely Ch. Muhammad Hussain, on 26-3-1964, apprised the Court that he had examined the accounts etc., but was not in a position to arbitrate and come to…

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