Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Qanun-e-Shahadat (10 of 1984)

Section: 33

Qanun-e-Shahadat (10 of 1984)-------Art. 33---Specific Relief Act (I of 1877), S.42---Declaration of title---Admission by referee---Scope---During the pendency of suit, matter was referred to a third person on the proposal of the counsel for the parties and on the statement of referee the suit was dismissed---Judgment and decree passed by Trial Court was maintained by Lower Appellate Court---Plea raised by plaintiffs was that referee had no personal knowledge of the facts and they did not want to decide the matter on the statement of the referee---Validity---When a party to dispute referred the matter to a third person for opinion in the matter, the statement of that third person was binding on the parties and was to be considered as a statement of the parties---Referee in question had no personal knowledge about the matter and he got his statement recorded on the basis of hearsay evidence, therefore, he could not be termed as referee---High Court in exercise of revisional jurisdiction set aside s and decrees passed by two Courts below and matter was remanded to Trial Court for deciding the same on merits after recording of evidence of the parties---Revision was allowed accordingly. 1996 MLD 674; PLD 1970 SC 241; 2005 CLC 1949; 2003 CLC 161; 1989 SCMR 1083; PLD 2002 Lah. 190; 1996 CLC 1932; 1994 SCMR 1171; 1998 SCMR 468; Alamgir Khan and another v. Rashid 1988 CLC 1171; Ali Hussain v. Rafiquddin and 9 others PLD 1977 Lah. 418 and Sher Zaman Khan v. Noor Zaman Khan and another PLD 1977 Lah. 672 ref. Ch. Muhammad Hussain Jehanian and Ch. Saghir Ahmad for Petitioners. Syed Izhar-ul-Haq Gillani for Respondents Nos.4 and 5. Mian Tahir Iqbal and Makhdoom Syed M. Mumtaz Hussain Shah for Respondents Nos.6 to 10. Date of hearing: 14th June, 2011. JUDGMENT MUHAMMAD FARRUKH IRFAN KHAN, J.--- Through this civil revision under section 115 of the C.P.C. the petitioners call in question the validity of the impugned judgments and decrees dated 31-1-1990 and 16-10-1994 passed by the courts below. Through the former the learned trial Court dismissed the suit of the petitioners on the basis of statement of referee and through the latter the learned Addl. District Judge dismissed…

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