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Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: JEHANA and 4 others VS Respondent: Mst. PARVEEN and 2 others
Court Name: Lahore High Court Judge(s): Gul Zarin Kiani Title: JEHANA and 4 others vs Mst. PARVEEN and 2 others Case No.: Civil Miscellaneous No,2741 of 1994 in Writ Petition No,233 of 1993 Date of Judgment:1995-04-02 Reported As: 1995 MLD 991 Result: Order accordingly
JUDGMENT
JUDGMENT Since the jurisdiction of the Court making award rule of the Court and adequacy of stamp duty payable on the award in terms of Article 12 of Schedule I of the Stamp Act, 1899 were in doubt, therefore, by agreement of the learned counsel for the parties, judgments of the lower Courts passed in jurisdiction under section 12(2), Civil Procedure Code and that of the Civil Court making award rule of the Court on 11-2-1980 are set aside and the case is remitted to Senior Civil Judge, Khushab District to try the petition filed under section 14 of the Arbitration Act, 1940 by the petitioners for its decision afresh in accordance with law after affording a reasonable opportunity of defence to Mst. Parveen, respondent No,1 here. It shall be open to the parties to the petition under section 14 of the Arbitration Act to rely on the evidence already recorded in the proceedings taken under section 12(2), Civil Procedure Code for the purpose of deciding the application under section 14 of the Arbitration Act or lead and add more evidence in this behalf. Since the decision of the writ petition proceeded on consent of the parties' counsel, there shall be no order as to its costs in this Court. Parties shall appear before Senior Civil Judge, Khushab on 28-5-1994. Records shall be sent to his Court.