' IFTIKHAR MUHAMMAD CHAUDHRY, CJ.---Leave to appeal is granted, inter alia, to examine whether:- -
(i) the application before Arbitration Council for effecting recovery of maintenance for wife under section 9 of the Muslim Family Laws Ordinance, 1961, shall be governed by Article 181 or Article 120 of the Limitation Act, 1908; and
(ii) the revision filed on 21-5-2009 by the petitioner before the District Revenue Officer against the order of Arbitration Council dated 19-1-2009 was barred by time. Limitation creates a right in favour of the opponent, therefore, interference in the order of the Arbitration Council would be called for in the interest of justice.
2. In pursuance of the order of this Court an amount of Rs,1,700,000 (Rupees one million and seven hundred thousand only), as determined by the Arbitration Council, has been deposited with the Registrar.
3. As leave to appeal has already been granted, therefore, pending decision of the appeal the respondent shall be entitled to draw Rs,850,000 (Rupees eighty hundred fifty thousand only) from the Registrar who, after following the procedure, shall disburse this amount to her. Balance of Rs, 850,000 (Rupees eight hundred fifty thousand only) shall be kept in profit yielding account. The appeal is ordered to be fixed for hearing after completion within a period of three months.