TAJ DIN AND Another vs MUHAMMAD SHARIF AND ANOTHER — 1949 PLD 30

Citation: 1949 PLD 30

Court: Lahore High Court

Year: 1970

Decision Date: 1970-04-02

Parties: TAJ DIN AND Another vs MUHAMMAD SHARIF AND ANOTHER

Headnotes

Case cited as PLD 1949 Sind 30

Judgment Text

Court Name: Lahore High Court Judge(s): Shamim Hussain Qadri Title: TAJ DIN AND Another vs MUHAMMAD SHARIF AND ANOTHER Case No.: First Appeal from Order No. 108 of 1968 Date of Judgment:1970-04-02 Reported As: PLD 1970 Lahore 840 Result: Appeal accepted JUDGMENT JUDGMENT This is a first appeal against the: order of the learned Civil Judge, 1st Class, Lyallpur, dated 9th May 1968 whereby he made the award rule of the Court. 2. Brief facts of the case are that Muhammad Sharif respon--dent filed a suit for dissolution of partnership and rendition of accounts being a partner of Taj Din & Company, Amritsari. During the pendency of the suit the parties agreed to refer their dispute to arbitration, Hafiz Muhammad Ayub was nominated as an arbitrator by the plaintiff while Ch. Muhammad Tufail was selected by the two defendants. It was agreed that in case of difference of opinion between the two arbitrators Ch. Karam Illahi, Advocate, shall act as Sarpanch. The matter was referred to arbitration on 26-9-1963. On 26-3-1964 Muhammad Hussain. One of the arbitrators applied to the Court that he has examined the books of accounts, but has not reached any conclusion. He was, therefore, unable to give any finding. On 30-3-1964, the predecessor of the learned Civil Judge referred the matter to the Sarpanch for decision on the ground that there was difference of opinion between the arbitrators. This Sarpanch was removed at the instance of defendants 1 and 2 and Haji Muhammad Iqbal Advocate…

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