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Civil Suit


In this Application petitioner praise for the setting aside an awarded 17.11.06.

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									In the Civil Judge Gojra, Distt: Toba Tek Singh.

Rahmat Masih s/o Mehnga Masih caste Christian r/o Kachi Abadi Project Manager, New Water Works Road, Gojra. Versus 1. 2. 3. 4. Samual Qamar s/o Sanat Masih caste Christian r/o Kacha Gojra. Habib Ullah Tauqeer s/o Bagh Din r/o Chak No. 306 J B Tehsil Gojra. Ghulam Mustafa Warraich s/o Subaidar r/o Chak No. 315 J B Tehsil Gojra. Nazir Masih ( Deceased ) s/o Sunder Masih Through 4.A-Shahbaz Masih 4.B-Tidi (Sons) 4.C-Ghazalah ( Daughter) r/o Kachi Abadi Project Manager, New Water Works Road, Gojra.

Application for setting aside award dated 17.11.06 Respected Sir, The Petitioner submits as under: 1.A. That petitioner No. 4 has died hence amended plaint, impleading legal heirs of the deceased is being submitted on the order of the honourable court. 1. That petitioner is owner-in-possession of house measuring 1M-232Sft in the vicinity known as Kachi Abadi Project Manager New Water Works Road Gojra. As the Provincial Government has given proprietary rights to the inhabitants of the vicinity. The petitioner approached the Tehsil Municipal Aministration Gojra to get the said property transferred in his favour and deposited the requisit price of land and other dues but T.M.A Gojra refused to transfer the said property to the petitioner for the reason that Munir Masih, brother-in-law of the petitioner and brother of the respondent No.4 has filed an application to abstian to do so. 2. That petitioner filed a suit for declaration against T.M.A and said Munir Masih while respondent No.4 filed a suit for permanent injunction against petitioner and T.M.A which are pending for adjudication in the court of Mr. Faiz Ahmad Ranjha, Civil Judge, Gojra. 3. That upon interference of some persons, to resolve the differences with said Munir Masih, the petitioner executed an arbitration agreement on 31.05.06 appointing respondents No.1-3 as his arbirators. 4. that the respondents No.1-3, without giving an opportunity to petitioner and without carrying on any arbitration proceeding at all, gave an award 17.11.06 wherein respondents No.4 was mentioned as opponent, quite contrary to the matter and person metioned in the said agreement. 5. That arbitrators did not bother to give hearing to the petitioner malafidely. 6. That award dated 17.11.06 given by respondents No1-3 is liable to be cancelled and set aside inter alia on the following grounds: i. That said award is given without serving notice to the petitioner to appear and submit evidence hence petitioner is condemned unheard. ii. That petitioner has not been allowed a reasonable opportunity to adduce evidence to prove his matter. iii. That award has been given without jurisdiction.

That award lacks reasons for the decision. That award is given without lawful authourity. That award is delivered violating the natural justice. That award is result of misconduct and also is based on collusion of the arbitrators. viii. That award is invalid . ix. That award is given after the prescribed period. 7. That respondents No.1-3 were asked many times to cancel and declare the said award null and void but they refused to do so hence this petition. 8. That the cause of action arose on 17.11.06 when the alleged award was given by the respondents No.1-3 while the respondents No. 4-5 are necessary parties. 9. That parties reside in Tehsil Gojra therefore the honouravble court has the jurisdiction to try the petition. Under the circumstances it is respectfully prayed that respondents No.1-3 be ordered to submit the award dated 17.11.06 in the court and the said award may kindly be set aside. Dated: 30.03.09

iv. v. vi. vii.

Rahmat Masih (Petitioner) through Farooq Haider (Advocate) Verification: Verified that contents of above paras are correct to the best of my knowledge and belief.


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