Law:

Section:

(a) Arbitration Act (X of 1940)-------Ss. 8, 21 & 23---Specific Relief Act (I of 1877), Ss. 9, 42 & 54--- Suit for possession, declaration and permanent injunction---Appointment of referee---Rival parties had filed suits against each other---Plaintiffs had filed a suit for possession against the defendant and during pendency of said suit, the defendant had filed a suit for declaration and permanent injunction---Both rival suits were consolidated---On the appeal of the defendant, two persons were nominated for appointment as referees; and the Trial Court appointed a referee, who submitted his report in compliance of the order of the Trial Court---Trial Court, on the basis of said report, decreed the suit of plaintiffs and dismissed the suit of the defendant---Said and decree was affected and Appellate Court, having dismissed the appeal, the defendant had assailed the said order---Grounds taken in the revision petition by the defendant could not be considered as the referee had been appointed with the consent of the parties; and High Court not only had approved the appointment of said referee, but had also issued the direction to decide the fate of the suit on the basis of the statement of the referee---Question arising during pendency of the suit which stood decided and settled under order of a Revisional Court, could not be allowed to be reagitated in appeal filed against the decree---Courts below had rightly passed the and decree in accordance with the report of referee available on record--- Revision was dismissed, in circumstances. Baqa Muhammad v. Muhammad Nawaz and others PLD 1985 Lah. 476 and Shamshad Khan and others v. Arif Ashraf Khan and 2 others 2008 SCMR 269 rel. (b) Arbitration Act (X of 1940)--- ----Ss. 8, 21, 22 & 23---"Arbitrator" and "Referee"---Distinction---Referee was the one who would make statement according to his own knowledge, but the arbitrator, after obtaining the material and recording the statement of the parties, would draw his conclusion and on the basis of that material, he got his statement recorded; and he was also liable to cross-examination. JUDGMENT MUHAMMAD AMEER BHATTI, J.---Through this single judgment, I…

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