Law: Qanun-e-Shahadat Order, 1984

Section: 33, 114

Law: Code Of Civil Procedure, 1908.

Section: 12(2), 3, 96(3)

Tag Line  Consent to referee = binding admission; no withdrawal due to estoppel.  Summary Respondents filed Section 12(2) CPC application alleging fraud in decree. Parties on oath appointed a referee and agreed to follow his decision. Referee stated: application be dismissed → Trial court dismissed case. Revisional court remanded case for decision on merits. High Court held: Referee’s statement = admission (Art. 33 QSO) Parties are estopped (Art. 114 QSO) Matter became consent-based settlement Result: ✅ Revision order set aside ✅ Trial court order restored ORDER; Malik Waqar Haider Awan, J. Through this constitutional petition, the petitioner has assailed the judgment dated 18.01.2018 passed by the learned Addl. District Judge, Noorpur Thal, Khushab, whereby the learned court, while accepting the revision petition filed by respondents No.2 and 3, set aside the order dated 20.05.2014 passed by the learned trial court and remanded the case with a direction to decide the application under section 12(2) CPC, on merits as per evidence of both the parties and in accordance with law. 2.    Shorn of unnecessary detail, deceased Allah Bakhsh son of Shera, caste Klyrra, was owner of land measuring 986-Kanals 08- Marlas. Out of the said holding, he alienated land measuring 586- Kanals 11-Marlas through a decree dated 07.04.1987 passed by the learned Civil Judge 1st Class, Jauharabad, by way of Hiba in favour of his only son Meher Ali, the present petitioner. The said decree was incorporated in the revenue record vide mutation No.79 dated 26.11.1987. Subsequently, the deceased transferred his remaining land measuring 400-Kanals to the petitioner through another Hiba, which was entered in the revenue record vide mutations No.535 and 537 dated 29.05.1989. During the lifetime of Allah Bakhsh, the petitioner transferred land measuring 600-Kanals in favour of his sons Khidmat Ali and Karam Ali through mutations No.1698 dated 18.06.1998, No.1702 dated 25.06.1998 and No.1706 dated 29.06.1998. Allah Bakhsh passed away on 18.04.2002, leaving behind one son, Meher Ali (petitioner), four daughters namely Allah Wasai (respondent No.2), Mst.…