JUDGMENT

Saaduddin, A J C - Respondent R.S. Choudhri Kewal Krishan, a member of the Tank Bar, had dealings with the Punjab National Bank Ltd. at Dera Ismail Khan. In connection with these dealings the parties entered into arbitration out of Court and an award was given whereby the arbitrator allowed the Bank's claim and made the amount payable by instalments. This award was filed in the Court of District Judge, Dera Ismail Khan, under the provisions of Sch,2, Civil P.C, and a decree was passed in accordance therewith. Respondent failed to make payment of any instalment in accordance with the award and the Bank took out execution. The execution proceedings went on for some time and finally the respondent took objection that the decree was a nullity, inasmuch as it contravened the provisions of Section 152, Indian Companies Act which made the Arbitration Act applicable to the reference and therefore it could not be executed. His objection was upheld by the present Senior Sub-Judge who has replaced the Court of the former District Judge, and the Bank has come up on appeal here.

2. Various questions have been raised in arguments, some of which are the subject of conflict of authority i