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

Section: 33 ,

  Qanun-e-Shahadat (10 of 1984)--- ----Art. 33---Arbitration Act (X of 1940), S. 22---Civil Procedure Code (V of 1908), O:XXIII, R.3---Referee---Arbitrator---Distinction---Scope of enquiry by a referee and arbitrator---Referee's function is to make a statement according to his knowledge or belief---Statement by a referee would be deemed to be an admission by both the parties and would be binding upon them; as soon as such statement was made, it would partake the form of adjustment by a lawful agreement or compromise within the ambit of OXXIII, R.3, Civil Procedure Code, 1908---Arbitrator was, however, required to decide the case after making inquiry---Main line of distinction between a referee and arbitrator is that referee is not empowered to make inquiry but has to make a statement on the basis of his knowledge and belief while the arbitrator is to undertake the inquiry, record the evidence of parties and determine the controversy in judicial manner---Referee could, of course, inspect the site and inquire from the persons for his own knowledge/belief, yet he was not empowered to make roving inquiries to render decision. Muhammad Hanif Khan and another v. Ghulam Farid Khan and others PLD 1988 Lah. 250; Ghulam Farid Khan v. Muhammad Hanif Khan and others 1990 SCMR 763; Muhammad Salim v. Muhammad Akram PLD 1971 SC 516 and Sher Zaman Khan v. Noor Zaman Khan and another PLD 1977 Lah. 672 ref. Akbari Begum v. Rehmat Hussain and others AIR 1933 All. 861; Ali Hussain v. Rafiquddin and 9 others PLD 1977 Lah. 418; Sher Zaman Khan v. Noor Zaman Khan and another PLD 1977 Lah. 672; Muhammad Hanif Khan and another v. Ghulam Farid Khan and others PLD 1988 Lah. 250 and Ghulam Farid Khan v. Muhammad Hanif Khan and others 1990 SCMR 763 rel. Qanun-e-Shahadat (10 of 1984)--- ----Art. 33--Referee---Detailed inquiry conducted -by the referee ---Effect-- Statement made by referee on basis of such inquiry whether statement under Art. 33, Qanun-e-Shahadat---Court    passing    decree    on    basis    of    such   statement---Validity---Referee appointed by Court not only inspected…