Mst. NAZIRAN BIBI and others vs MUHAMMAD ASHRAF and others
This petition for leave to appeal arises from a Lahore High Court judgment affirming concurrent findings of fact by the lower courts, which dismissed the petitioners' challenge against a decree based on an arbitration award. During the pendency of cross-suits between the parties, the dispute was referred to arbitration upon a joint application, leading to an award that was made a rule of the court without any objections being filed. The petitioners challenged the decree on the sole ground that petitioner No. 1, acting as mother and guardian, lacked authority to refer the dispute to arbitration without the leave of the court. The Supreme Court held that the contention was untenable, ruling that a mother who is the natural and lawful guardian of minors and has no adverse interest is competent to refer a matter to arbitration on their behalf without express leave of the court, especially when contracting in the interest of her children. Consequently, the Supreme Court found no legal infirmity in the concurrent findings and dismissed the petition, refusing leave to appeal.
- Whether a natural and lawful guardian of minors can refer a dispute to arbitration without obtaining prior leave of the court?
- Does a mother acting as guardian ad litem require express court permission to enter into arbitration proceedings on behalf of her minor children?
- Whether concurrent findings of fact by three courts below warrant interference by the Supreme Court when no legal infirmity is shown?
' RANA BHAGWANDAS, J.---Petitioners seek leave to appeal against Lahore High Court judgment, dated 9-6-1999 in Civil Revision No,1332 of 1985 concurring with the findings of fact recorded by the trial Court as well as the Appellate Court.
2. During pendency of the suit filed by Ghulam Qadir-predecessorin-interest of the petitioners against respondents Nos.1 and 2 and the suit filed by respondents Nos. 1 and 2 against said Ghulam Qadir, on the joint application of the parties. Dispute was referred to arbitration. Arbitration Award was duly made. No objections were filed to it. It was made rule of the Court and the suit of respondents Nos.1 and 2 was decreed. Petitioners challenged the judgment and decree on the sole ground that petitioner No,1 i.e, Mst. Naziran Bibi mother of the minor respondents had no authority to refer the dispute to the arbitration without the leave of the Court. This ground was found to be untenable and the appeal dismissed for the reasons that, apart from the fact that minors were living with the mother, she was natural as well as lawful guardian of the minors and had no interest adverse to that of the minors. The findings of fact have been affirmed by the High Court for valid and solid reasons and we do not find any illegality or legal infirmity in such findings. Contention of the learned counsel that leave of the Court was absolutely necessary on the part of the guardian ad litem for the minors, is neither sound nor tenable at law for the Courts below have rightly concluded that mother would never contract against interests of her real children.
3. There being concurrent findings of fact by three Courts below, including the High Court. No ground is made out for interference by this Court. Petition is. Thus, dismissed and leave to appeal refused.
Cited by 2 cases
- Mian ASMAT SHAH and another vs Mian FAIQ SHAH and others 2012 PLJ Peshawar 158, 2012 PLD Peshawar 181
- Mian ASMAT SHAH and another vs Mian FAQIR SHAH and others 2012 PLJ Peshawar 158