Law:

Section:

(a) Civil Procedure Code (V of 1908) ---- O. XLIII, r. 1 and S. 115 read with Law Reforms Ordinance (XII of 1972)-Appeal-Revision-Order revoking reference not falling under any sub-clauses of r. 1, hence not appealable-Appeal against such order disposed of by Additional District Judge-Appeal treated as revision-Second revision, held, barred under Law Reforms Ordinance Revision admitted for regular hearing-Merits of case examined in circumstances of case.-Arbitration Act (X of 1940), S. 21.-[Appeal (civil)-Revision (civil)]. (b) Arbitration Act (X of 1940) - S. 21-Arbitration-During course of proceeding parties agreeing to refer dispute to referee agreeing to be bound by his decision-Such agreement, held, not related to reference of dispute to arbitrator Referee not appearing in Court in spite of several adjournments Agreement, held further, rightly revoked by Court in circumstances of case.-[Arbitration]. Sher Zaman Khan v. Noor Zaman Khan P L D 1977 Lab. 672 and Umrai Ali Khan and others v. Intizami Begum and others A. I R 1939 All. 176 ref. JUDGMENT The order impugned in the present revision has been passed by the Additional District Judge, Sargodha, dated the 20th May, 1972, by which the order of the Civil Judge, Sargodha dated the 20th March, 1972 regarding the reference made to S. Nawazish Ali Shah having been withdrawn was affirmed. 2. Briefly the facts of the case are that the respondent filed a suit for the possession of land measuring 35 kanals situate in Mauza Dowana Kanju, Tehsil Shahpur, District Sargodha by way of exercise of right of pre-emption. The details of the transaction which was sought to be preempted is not necessary for the disposal of the present revision. However, it may be added that Ghaffar Ali Shah being the son of the vendor was also a pre-emptor and both the suits had been consolidated. On the 23rd July, 1971, the parties and their counsel made a joint statement appointing Syed Nawazish Ali Shah son of Syed Nasir-ud-Din, resident of village Jehanian, Tehsil Shahpur as a referee and agreed, to be bound by his decision. Accordingly, the learned trial Court appointed the aforesaid Syed Nawazish Ali.Shah as a referee and the notice…

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